^ AJcJ^ ..i-rt--^ 



SCHOOL MANUAL, 



CONTAINING 



'Mi[ ^diool Jatus of Piode |?j 



WITH 



DECISIONS, REMARKS AND FORMS. 



FOR THE USE OF 




Pkinted by Order of the General Assembly. 



(PliOYIQEJTQE: 

^Providence (Press Company, (Printers to the State. 

1878. 



/ 8 73 



NOTE. 

This volume is public property, for the use of scliool 
officers. It is to be kept in their custody, aucl produced 
bj^ them at all school meetings for consultation, and 
must b<> delivered to their successors in oflfice. 



In General Assembly, January Session, A. D. 1873. 

Eesolution providing for the printing of a Manual for tlie 
use of the Public Schools. 

Resolved ; That a committee, consisting of the Hon. Elisha 
R. Potter, Associate Justice of the Supreme Court, the Com- 
missioner of Public Schools, and the Secretary of State, be, and 
they are, hereby appointed to cause to be printed in a Manual, 
convenient for the use of School Committees, Trustees of 
School Districts, and other officers or persons concerned in the 
administration of the Public Schools, to be distributed amongst 
the several school districts, two thousand copies of Title IX of 
the General Statutes, together with such of the "Forms" of 
procedure as have heretofore been in use, and such others as 
they may deem necessary under the School Laws, and such of 
the "Decisions of the Supreme Court and the Commissioners of 
the Public Schools " as may be deemed expedient ; and the State 
Auditor is hereby directed upon approval of the Governor, to 
draw his order on the General Treasurer for the cost of such 
publication. « 

A true copy, 

Attest, 

J. M. ADDEMAN, 

Secretary of State. 



CONTENTS. 



Page. 

Extracts from the Constitution of Rhode Island, . . . 1— ^ 

General Statutes Kelating to Public Instruction, . . . 4 — 6 

The Permanent School Fund, 4 — 6 

The Board of Education, 6— 8 

The Commissioner of Public Schools, 8 9 

Appropriations for Public Schools, , 9 — 10 

The Powers and Duties of Towns, and the Duties of 
the Town Treasurer and Town Clerk relative to 

Public Schools, " 10— 12 

The Powers of School Districts, 12— 14 

District Meetings, 14 — 

Joint School Districts, 16 — 18 

The Levy of District Taxes, 18— 21 

The Trustees of School Districts, 21— 23 

The Powers and Duties of School Committees, 23 — 27 

Teachers, 27— 29 

Legal Proceedings Eelating to Public Schools, 29 — 32 

The Normal School, Teachers' Institutes and Lectures, 32— 33 

Truant Children and Absentees from School, 33 — 34 

General Provisions Relating to Public Schools, 34 — 38 

Appropriations for the Education of Indigent Bind, 

Deaf and Dumb, Idiot and Imbecile Persons, 38— 40 

Eactory and other Laborers, '. 40 — 42 

The Indian School, 42— 43 

Decisions Relating to Public Instruction, 43 — 158 

Remarks Relating to Public Instruction, 158 — 207 

Forms Relating to Public Instruction, 207 — 257 

Miscellaueous, 257—264 



EXTRACTS 



FROM THE 



CONSTITUTION OF RHODE ISLAND 



ARTICLE I. 
Declaration of Rights. 

Section 

2. Object of government. — How 

laws should be made and 
burdens distributed. 

3. Religious freedom secured. 

ARTICLE IX. 

Qualifications for Office. 

Section 
1. Qualified electors only eligi- 
ble. 



ARTICLE XII. 
Education. 

Section 

1. Duty of general assembly to 

promote schools. &c. 

2. The permanent school fund. 

3. Donations for support of 

schools. 

4. Powers of general assembly 

under this article. 



PREAMBLE. 

WE, the people of the State of Rhode Island and Provi- 
dence Plantations, grateful to Almighty God for the civil 
and religious libert}- which He hath so long permitted us 
to enjoy, and looking to Him for a blessing upon our en- 
deavors to secure and to transmit the same, unimpaired, 
to succeeding generations, do ordain and establish this 
constitution of government. 



COMMON SCHOOL MANUAL. 



ARTICLE I. 

Declaration of Certain Constitutional Rights and 
Principles. 

In order effectually to secure the religious and political 
freedom established by our venerated ancestors, and to 
preserve the same for our posterit}-, we do declare, that the 
essential and unquestionable rights and principles herein- 
after mentioned shall be established, maintained, and pre- 
served, and shall be of paramount obligation in all legis- 
lative, judicial, and executive proceedings. 

Section 2. All free governments are instituted for the 
protection, safety, and happiness of the people. All laws, 
therefore, should be made for the good of the whole ; and 
the burdens of the State ought to be faiiiy distributed 
among its citizens. 

Sec. 3. Whereas, Almighty God hath created the mind 
free ; and all attempts to influence it b}' temporal punish- 
ments or burdens, or b}' civil incapacitations, tend to beget 
habits of hypocris}- and meanness ; and whereas a princi- 
pal object of our venerable ancestors, in their migration to 
this country and their settlement of this State, was, as 
the}' expressed it, to hold forth a livelj' experiment, that a 
flourishing civil State may stand and be best maintained 
with full libert}' in religious concernments : we, therefore, 
declare, that no man shall be compelled to frequent or sup- 
port any religious worship, place, or minlstr}' whatever, 
except in fulfilment of his own voluntary contract ; nor 
enforced, restrained, molested, or burdened in his body or 
goods ; nor disqualified from holding any oflice ; nor other- 
wise suffer on account of his religious belief: and that 
every man shall be free to worship God according to the 
dictates of his own conscience, and to profess and b}' argu- 



EXTRACTS FROM CONSTITUTION OF RHODE ISLAND. 6 

ment to maintain his opinion in matters of religion ; and 
that the same shall in no wise diminish, enlarge, or affect 
his civil capacit3\ 

ARTICLE IX. 

Of Qualijlcations for Office. 

Section 1. No person shall be eligible to any civil 
office, (except the office of school committee) , unless he 
be a qualified elector for such office. 

ARTICLE XII. 

Of Ediccation. 

Section 1. The diffusion of knowledge, as well as of 
virtue, among the people, being essential to the preserva- 
tion of their rights and liberties, it shall be the duty of the 
general assembly to promote public schools, and to adopt 
all means which the^^ may deem necessary and proper to 
secure to the people the advantages and opportunities of 
education. 

Sec. 2. The money which now is, or which may here- 
after be appropriated by law for the establishment of a 
permanent fund for the support of public schools, shall be 
securely invested,' and remain a perpetual fund for that 
purpose. 

Sec. 3. All donations for the support of public schools, 
or for other purposes of education, which may be received 
by the general assembly, shall be applied according to the 
terms prescribed by the donors. 

Sec. 4. The general assemblj^ shall make all necessary 
provisions by law for canying this article into effect. 
They shall not divert said money or fund from the afore- 
said uses, nor borrow, appropriate, or use the same, or any 
part thereof, for any other purpose, under any pretence 
whatsoever. 



GENERAL STATUTES 

EELATING TO 

PUBLIC INSTRUCTION, 

OF THE 

State of Rhode Island and Providence Plantations. 



In the Ye.\k of ouk Lokd 1872. 



TITLE V. 



CHAPTER 26. 

Of the Permanent School Fund. 

Section Section 

1. General Treasurer to regulate forfeited by any town, to be 

the custody of, and to keep added to the school fund, 

the school'fund invested. 4. Additions to said fund to be 

2. Money paid to tlie State by invested. 

auctioneers, to be added to 5. Income of the fund to be ap- 
the school fund. propriated for the support 

3. Money appropriated by the of public schools. 

State for public schools and 

Section 1. The general treasurer, with the advice of 
the governor, shall have full power to regulate the custody 
and safe keeping of the fund now constituting the perma- 



STATUTES RELATING TO PUBLIC INSTRUCTION. O 

nent fund for the support of public schools, and to keep 
the same securely invested in the capital stock of some 
safe and responsible bank or banks within this State. 

Sec. 2. The money that shall be paid into the State 
treasury by auctioneers, for duties accruing to the use of 
the State, is hereby appropriated, and the same shall 
annually be added to said school fund, for the permanent 
increase thereof. 

Sec. 3. Whenever any money appropriated to any 
town from the State treasur}', for the support of public 
schools therein, shall have been forfeited bj' such town, the 
same shall be added to said school fund, and shall forever 
remain a part thereof. 

Sec. 4. The general treasurer, with the advice of the 
governor, shall, from time to time, securely invest all sums 
of mone^' hereby- directed to be added to said fund, in the 
capital stock of some safe and responsible bank or banks 
within this State. 

Sec. 5. The income arising from said fund so invested, 
shall annually be appropriated for the support of public 
schools in the several towns. 



COMMON SCHOOL MANUAL. 



TITLE IX. 

OF PUBLIC INSTRUCTION. 



Chapter 44.— Of the board of education. 

Chapter 45.— Of the commissioner of public schools. 

Chapter 46,— Of the appropriation for public schools'. 

Chapter 47.— Of the powers and duties of towns, and of the duties of the 

town treasurer and town clerk relative to public 

schools. 
Chapter 48.— Of the powers of school districts. 
Chapter 49.— Of district meetings. 
Chapter 50.— Of joint school districts. 
Chapter 51.— Of the levy of district taxes. 
Chapter 52.— Of the trustees of school districts. 
Chapter 53.— Of the powers and duties of school committees. 
Chapter 54. ^Of teachers. 

Chapter 55.— Of legal proceedings relating to public schools. 
Chapter 56,- Of the normal school, teachers' institutes and lectures. 
Chapter 57.— Of truant children and absentees from school. 
Chapter 58.— General provisions relating to public schools. 



CHAPTER 44. 

Of the Board of Education. 

Sectiok Section 

1. Board of education, how con- 5. To hold quarterly meetings, 

stituted, and duties of. and prescribe necessary 

2. How divided, and tenn of rules, &c. 

office. 6. To report to general assembly. 

3. Vacancies, how filled. 7. Traveling expenses of, how 

4. Officers of. paid. 

Section 1. The general supervision and control of the 
public schools of this State, with such high schools, nor- 
mal schools and normal institutes, as are or may be es- 
tablished and maintained wholly or in part by the State, 
shall be vested in a State board of education, which shall 
consist of the governor and the lieutenant governor, as 
members hy virtue of their office, and of one other mem- 



STATUTES RELATING TO PUBLIC INSTRUCTION. ' 

ber from each of the counties of the State, with the ex- 
ception of Providence count_y, which shall have two other 
members. The board of education shall elect the commis- 
sioner of public schools. 

Sec. 2. The members of the board of education shall 
continue to be divided into three classes, and to hold their 
offices until the terms for which they were respectively 
elected shall have expired. 

Sec. 3. Two members of the board of education shall 
be elected annually at the May session of the general 
assembly, in grand committee, from the counties in which 
vacancies shall occur in said board, who shall hold their 
office for three j^ears, and until their successors shall have 
been elected and qualified ; vacancies in said board shall 
be filled for any unexpired term by an election from the 
county for which the member whose office is vacant was 
elected, in the same manner, at any session of the general 
assembly. 

Sec. 4. The governor shall be president, and the com- 
missioner of public schools shall be secretary, of the board 
of education. 

Sec. 5. The board of education shall hold quarterly 
meetings in the first week of March, June, September, and 
December of each year, at the office of the commissioner 
of public schools, and vaay hold special meetings at the 
call of the president or secretary. They shall prescribe, 
and cause to be enforced, all rules and regulations neces- 
sary for carrying into effect the laws in relation to public 
schools. 

Sec. 6. The board of education shall make an annual 
report to the general assembly, at the adjourned session at 
Providence. 

Sec. 7. The members of the board shall receive no 



8 COMMON SCHOOL MANUAL. 

compensation for their services, but the State treasurer 
may pay, upon the order of the State auditor, the neces- 
sary expenses of the members, when attending the meet- 
ings of the board, or when traveling upon official business 
for and within this State, after the bills have been approved 
by the general assembl3\ 



CHAPTER 45. 

Of the Commissioner of Public Scliools. 

Section Section 

1. Commissioner, how elected. 3. To secure uniformity of text- 

2. Duties of the commissioner. books. 

4. To report to general assembly. 

Section 1. There shall be annuall}^ elected a commis- 
sioner of public schools in the manner prescribed in the 
next preceding chapter, who shall devote his time exclu- 
sivel}^ to the duties of his office. In case of sickness, tem- 
porary absence, or other disabilit}-, the governor may ap- 
point a person to act as commissioner during such absence, 
sickness, or disability. 

Sec, 2. The commissioner of public schools shall visit, 
as often as practicable, every school district in the State, 
for the purpose of inspecting the schools, and diffusing as 
widely as possible, by public addresses and personal com- 
munications with school officers, teachers, and parents, a 
knowledge of the defects, and of any desirable improve- 
ments in the administration of the sj'stem, and the govern- 
ment and instruction of the schools. 

Sec 3. He shall, under the direction of the board of 
education, recommend and secure, as fsir as is practicable, 
a uniformity of text-books in the schools of all the towns ; 
and shall assist in the establishment of, and selection of 
books, for school libraries. 



STATUTES RELATING TO PUBLIC INSTBUCTION. 9 

Sec. 4. He shall annuall}-, on the last Monday in De- 
cenaber, make a report to the board of education, upon 
the state and condition of the schools and of education, 
with plans and suggestions for their improTement. 



CHAPTER 46. 

Of the Appropriation for Public Schools. 

Section Section 

1. Appropriation from the State shall receive their propor- 

treasuiy. tion. 

2. How apportioned. 5. Forfeiture of town's propor- 

3. How to be expencled. tion. 

4. Conditions upon which towns 6. Orders on the general treas- 

urer. 

Section 1. The sum of ninet}'- thousand dollars shall 
be annually paid out of the income of the permanent 
school fund, and from other mone}' in the State treasury, 
for the support of public schools in the several towns, 
upon the order of the commissioner of public schools. 

Sec. 2. The sum of sixty-three thousand dollars of the 
amount aforesaid shall be apportioned annual^, in May, by 
the commissioner, among the several towns, in proportion 
to the number of children therein under the age of fifteen 
years, according to the census of the United States, or of 
this State, then last preceding ; and the sum of twenty- 
seven thousand dollars shall be apportioned among the 
several towns in proportion to the number of school dis- 
tricts in each town. 

Sec. 3. The money appropriated from the State as 
aforesaid shall be denominated " teachers' money," and 
shall be applied to the wages of teachers, and to no other 
purpose. 

Sec 4. No town shall receive any part of such State 
appropriation, unless it shall raise by tax for the support 
of public schools, a sum equal to the amount it may re- 



10 COMaiON SCHOOL MANUAL. 

ceive from tlie State treasur}- for the support of public 
schools. 

Sec. 5. If anj^ town shall neglect or refuse to raise or 
appropriate the sum required in the section next preced- 
ing, on or before the first da}- of July in Ruy year, its pro- 
portion of the public monej^ shall be forfeited, and the 
general treasurer, on being ofRcialh^ informed thereof by 
the commissioner of public schools, shall add it to the per- 
manent school fund. 

Sec. 6. The commissioner of public schools shall draw 
orders on the general treasurer, in favor of all such towns, 
for their proportion of the appropriation for public schools, 
as shall, on or before the first day- of Jul}-, annual!}-, com- 
ply with the conditions of the fourth section of this 
chapter. 

CHAPTER 47. 

Of thepotvers and duties of toivns, and of the duties of the 
town treasurer and toicn derJc relative to jniNic schools. 

Section Section 

1. To'mis Tnaymaintaln schools 6. Tcwn treasurer to receive 

with or without clistricts. and keep account of school 

2. Towns jnay be divided into money. 

districts. 7. To submit statement of school 

3. Towns may provide school- money to committee. 

houses for districts. 8. To transmit statement of 

4. School committee, how and money raised and paid out, 

when chosen. to commissioner. 

5. Superintendent, how ap- 9. Town clerks to record bound- 

pointed, his duties, and aries of districts, and dis- 

compeusation. tribute school documents. 

Section 1. Any town may establish and maintain, with 
or without forming districts, a suflfiicient number of public 
schools, of different grades, at convenient locations, under 
the management of the school committee, subject to the 
supervision of the commissioner of public schools as pro- 
vided b}" this title. 

Sec. 2. Any town maj- be divided bj- a vote thereof, 
into school districts. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 11 

Sec. 3. Any town may vote, in a meeting notified for 
that purpose, to provide school-houses, together with the 
necessary fixtures and appendages thereto, in all the dis- 
tricts, if there be districts, at the common expense of the 
town : Provided^ if an^^ district shall provide, at its own 
expense, a school-house approved b}^ the school committee, 
such district shall not be liable to be taxed b}^ the town to 
furnish or repair school-houses for the other districts. 

Sec. 4. Any town may, at its first annual town meet- 
ing after this act shall go into effect, for the choice of State 
or town officers, elect a school committee to consist of not 
less than three residents of the town, who. shall serve 
without compensation unless voted by the town, and shall 
hold their offices as foUovvs, to wit : immediately after 
being assembled in consequence of such election, they 
shall be divided by lot as equall}'- as ma3^ be into three 
classes. The term of office of the first class shall expire 
at the end of one year, that of the second class at the end 
of two years, and that of the third class at the end of 
three years. As the office of each class becomes vacant as 
aforesaid, or the office of any member of either class by 
resignation, or otherwise, such vacancy or vacancies may 
be annuall}^ filled by the^ town at its annual town meeting, 
for the election of State or town officers, or at any time 
b}^ the town council, until the annual town meeting for the 
election of State or town officers. 

Sec. 5. An}^ town may elect, or failing to do so, its 
school committee shall appoint, a superintendent of the 
schools of the town, to perform, under the advice and 
direction of the committee, such duties, and to exercise 
such powers, as the committee may assign to him, and to 
receive such compensation out of the town treasury as the 
town ma}^ vote. 

Sec. 6. The town treasurer shall receive the monej^ due 
the town from the State treasury for public schools, and 



12 COMMON SCHOOL MANUAL. 

shall keep a separate account of all money appropriated by 
the State or town, or otherwise for public schools in the 
town, and shall pay the same to the order of the school 
committee. 

Sec. 7. The town treasurer shall, within one week after 
the school committee is elected, submit to them a state- 
ment of all mone3-s in his hands belonging to schools, 
specifying the sources whence derived. 

Sec. 8. The town treasurer shall, on or before the first 
day of July, annuall}", transmit to the commissioner of 
public schools a certificate of the amount which the town 
has voted to raise by tax for the support of public schools 
for the 3'ear ; and also a statement of the amount paid out 
to the order of the school committee, and from what sources 
it was derived, for the year ending with the thirtieth of 
April next preceding, and until such return is made to the 
commissioner, he may, in his discretion, withhold the order 
for the money in the State treasury belonging to such 
town. 

Sec. 9. The town clerk shall record the boundaries of 
school districts and all alterations thereof, in a book to be 
kept for that purpose, and shall distribute such school 
documents and blanks as may be sent to him, to the per- 
sons for whom they are intended. 



CHAPTER 48. 

Of the powers of school districts. 

Section Section 

1. School district a body corpo- 7. District taxes, how collected. 

rate. 8. Town coUector may collect. 

2. Powers of school district. S). District iieylectiiiy to orgairiace, 

3. District may build and repair committee may establish 

school-houses, &c. school. 

4. May raise money by tax. 10. District may devolve its 

5. Ollicers of the district. duties and powers on the 
0. Powers and duties of district committee. 

oflioers. 



STATUTES EELATING TO PUBLIC INSTRUCTION. 13 

Section 1. Every school district sliall be a bod}- cor- 
porate, and shall be known by its number, or other suit- 
able or ordinary designation. 

Sec. 2. Every school may prosecute and defend in all 
actions in which said district or its officers are parties, 
may purchase, receive, hold, and convey real or personal 
property for school purposes, and may establish and main- 
tain a school library. 

Sec. 3. Every such district may build, purchase, hire, 
and repair school-houses, and suppl}' the same with black 
boards, maps, furniture, and other necessarj^ and useful 
appendages, and may insure the house and appendages 
against damage b}' fire : Provided, that the erection and 
repairs of the school-house shall be made according to the 
plans approved b}' the school committee, or, on appeal, by 
the commissioner of public schools. 

Sec. 4. Every such district may raise money by tax 
on the ratable propert}- of the district, to support public 
schools ; and to carry out the powers given them by any 
of the provisions of this title : Provided, that the amount 
of the tax shall be approved by the school committee of 
the town. 

Sec. 5. Every such district shall elect a clerk, and 
either one, or three, trustees, as t\iQy may decide, and shall 
elect a treasurer and collector, and ma^^ fill vacancies in 
either of said offices arising from death, declining or re- 
fusing to serve, resignation, removal from office, or from 
the district, or otherwise ; and if an election of any of 
said officers be not made at the time prescribed for the 
annual meeting, it may be made at anj^ legallj^ notified 
meeting within thirty days thereafter. 

Sec. 6. The clerk, collector, and treasurer, within their 
respective school districts, shall have the like power, and 
shall perform like duties, as the clerk, collector, and 



14 COMMON SCHOOL MANUAL. 

treasurer of a town ; but the clerk, collector and treasurer 
need not give bond, unless required by the district. 

Sec. 7. All district taxes shall be collected by the dis- 
trict or town collector, in the same manner as town taxes 
are collected. 

Sec. 8. Anj^ district ma}^ vote to place the collection 
of any district tax in the hands of the collector of town 
taxes, who shall thereupon be fully authorized to proceed 
and collect the same, upon giving bond therefor satisfac- 
tory to the school committee. 

Sec. 9. If anj" school district shall neglect to organize, 
or if organized, shall for any space of seven months, 
neglect to establish a school, and employ a teacher, the 
school committee of the town may, themselves, or by an 
agent, establish a school in the district school-house, or 
elsewhere in the district, in their, discretion, and employ a 
teacher. 

Sec. 10. Any district ma}^, with the consent of the 
school committee, devolve all the powers and duties relat- 
ing to public schools in the district, on the committee. 



CHAPTER 49. 

Of district meetings. 

Section Section 

1. Meeting for organization, 5. Notice of time and place, how 

notice of. liow and by whom to be given. 

to be given. 6. Qualification of voters. 

2. Annual meeting, when held. 7. Clerk to record names of 

3. Special meetings, how called. voters on request. 

4. District meetings, where held. 

Section 1. Notice of the time, place, and object of 
holding the first meeting of a district for organization, or 
for a meeting to choose oflicers or transact other business, 
in case there be no trustees authorized to call a meeting, 



STATUTES RELATING TO PT7BLIC INSTRUCTION. 15 

shall be given by the school coBimittee of the town, at such 
time, and in such manner, as the}' may deem proper. 

Sec. 2. Every school district when organized shall 
hold an annual meeting, in the month of March, April, or 
May, of each 3'ear, for choice of officers, and for the trans- 
action of an}' other business relating to schools. 

Sec. 3. The trustees may call*a special meeting for 
election, or other business, at any time, and shall call one 
to be held within seven da3-s on the written request of any 
five qualified voters, stating the object for which they wish 
it called ; and if the trustees neglect or refuse to call a 
special meeting when requested, the school committee may 
call it and fix the time therefor. 

Sec. 4. District meetings shall be held at the school- 
house, unless otherwise ordered by the district. If there 
be no school-house or place appointed by the district for 
district meetings, the trustees, or if there be no trustees, 
the school committee, shall determine the place, which shall 
always be within the district. 

Sec. 5. Notice of the time and place of every annual 
meeting, and of the time, place, and object of ever}^ spe- 
cial meeting, shall be given, either by publishing the same 
in a newspaper published in the district, or b}' posting the 
same in two or more public places in the district for five 
days inclusive before holding the same : Provided^ that 
the district may, from time to time, prescribe the mode of 
notifying meetings, and the trustees shall conform thereto. 

Sec. 6. Ever}- person residing in the district may vote 
in district meetings, to the same extent and with the same 
restrictions as would at the time qualify him to vote in 
town meeting ; but no person shall vote upon any ques- 
tion of taxation of property, or expending money raised 
thereby, unless he shall have paid, or be liable to pay, a 
portion of the tax. 



16 COMMON SCHOOL MANUAL. 

Sec. 7. The clerk of the district shall record the num- 
ber and names of the persons voting, and on which side 
of the question, at the request of any qualified voter. 



CHAPTER 50. 

Of joint school districts. 

Section Section 

1. School for advanced children 8. Consolidated districts in dif- 

may be established by ad- ferent towns, how formed, 

joining districts. 9. Meetingfor organization, how 

2. Such districts to constitute a and by whom called. 

school district. 10. Powers, and supervision of 

3. Meeting for organization, such districts. 

time and place of. 11. What portion of public 

4. Public money, proportion of monev entitled to. 

each district, how drawn, 13. Corporate propexty, how 

and to whom paid. owned. 

6. Consolidated districts in the 13. Apportionment of property 

same town, powers of. when districts are divided. 

6. To receive public money as if 14. District added to another 

not united. owning property, to pay its 

^• Mode of organization. proportion, if demanded. 

Section 1 An}- two or more adjoining primary school 
districts in the same or adjoining towns, may, bj' a con- 
current vote, establish a school, for the older and more 
advanced children of such districts. 

Sec 2. Such associating districts shall constitute a 
school district for the purposes of providing a school-house, 
fuel, furniture, and apparatus, and for the election of a 
board of trustees, to consist of one member from each dis- 
trict, so associating, and for levying a tax for school pur- 
poses, with all the rights and privileges of a school district, 
so far as such school is concerned. 

Sec. 3. The time and place for the meeting for organi- 
zation of such associate district may be fixed by the school 
committees, and aii}^ one or more of the associating dis- 
tricts may delegate to the trustees of such school, the care 
and management of its primaiy school. 

Sec 4. The school committee of the town or towns in 



STATUTES RELATING TO PUBLIC INSTRUCTION. 17 

which such school shall be established, shall draw an order 
in favor of the trustees of such school, to be paid out of 
the public money appropriated to each district interested 
in such school, in proportion to the number of scholars 
from each. 

Sec. 5. Any two or more adjoining school districts in 
the same town ma}-, by concurrent vote, with the approba- 
tion of the school committee, unite and be consolidated 
into one district, for the purpose of supporting public 
schools, and such consolidated district shall have all the 
powers of a single district. 

Sec. 6. Such consolidated district shall be entitled to re- 
ceive the same proportion of public money as such districts 
would receive if not unitfid. 

Sec. 7. The mode of organizing such consolidated dis- 
trict and calling the first meeting thereof, shall be regulated 
or prescribed by the school committee, and notice thereof 
given as prescribed in section five of chapter forty-nine. 

Sec. 8. Two or more contiguous districts, or parts of 
districts in adjoining towns, may be formed into a joint 
school district by the school committees of such towns 
concurring therein, and all joint districts which have been, 
or shall be formed, may by them be altered or discon- 
tinued. 

Sec. 9. The meeting for organization of such joint dis- 
trict shall be called by the school committees of such towns, 
and notice thereof shall be given as prescribed in section 
five of chapter forty-nine. 

Sec. 10. Such joint district shall have all the powers of 
a single school district, and shall be regulated in the same 
manner, and shall be subject to the supervision and man- 
agement of the school-committee of the town in which the 
school is located. 



18 COIOION SCHOOL MANUAL. 

Sec. 11. A whole district making a portion of such 
joint district, shall be entitled to its proportion of public 
monej', in the same manner as if it had remained a single 
district ; and when part of a district is taken to form a 
portion of such joint district, the school committee of the 
town of which such district is a part shall assign to it its 
reasonable proportion. 

Sec. 12. Whenever any two or more districts shall be 
consolidated, the new district shall own all the corporate 
property of the several districts. 

Sec. 13. Whenever a district is divided, and a portion 
taken from it, the funds and property, or the income and 
proceeds thereof, shall be divided among the several parts, 
in such manner as the school committee of the town, or 
towns, to which the districts belong, may determine. 

Sec. 14. Whenever a part of one district is added to 
another district, or part of a district owning a school- 
house, or other property, such part shall pa}' to the district 
or part of a district to which it is added, if demanded, 
such sum as the school committee may determine, towards 
paying for such school-house and other property. 

CHAPTER 51. 

Of the levy of district taxes. 

Section Section 

1. District taxes, how levied. 5. Errors in assessment, how 

2. Town assessoi-s to assess corrected. 

value of property, in what 6. Abatement of taxes, how and 
cases. when to be made. 

3. Kotice of such assessment, 7. School-liouse and taxes of 

how »lven. joint districts, by whom to 

4. Commissioner in certain cases be approved. 

may order assessment. 8. Assessment of taxes in joint 

districts. 

Section 1. District taxes shall be levied on the ratable 
property of the district, according to its value in the town 



STATUTES RELATING TO PUBLIC INSTRUCTION. 19 

assessment then last made, unless the district shall direct 
such taxes to be levied according to the next town assess- 
ment ; and no notice thereof shall be required to be given 
by the trustees. 

Sec. 2. The trustees of any school district, if unable 
to agree with the parties interested, with regard to the 
valuation of any propert}' in such district, shall call upon 
one or more of the town assessors not interested, and not 
residing in the district, to assess the value of such prop- 
erty so situated, in the following cases, namel}' : When 
any real estate in the district is assessed in the town tax 
bill with real estate out of the district, so that there is no 
distinct or separate value upon it ; when anj' person pos- 
sessing personal property shall remove into the district 
after the last town assessment ; when a division and appor- 
tionment of a tax shall become necessary by reason of the 
death of any person, or the sale of such property ; when 
a person has invested personal property in real estate, and 
shall call upon the trustees to place a value thereon ; and 
when property shall have been omitted in the town valua- 
tion. 

Sec. 3. The assessors shall give notice of such assess- 
ment, by posting up notices thereof for ten days next 
prior to such assessment, in three of the most public places 
in the district ; and after notice is given as aforesaid, no 
person neglecting to appear before the assessors shall have 
any remedy for being overtaxed. 

Sec. 4. If a district tax shall be voted, assessed, and 
approved of, and a contract legally entered into under it, 
or such contract be legally entered into without such vote, 
assessment, or approval, and said district shall thereafter 
neglect or refuse to proceed to assess and collect a tax suf- 
ficient to fulfil such contract, the commissioner of public 
schools, after notice to and hearing of the parties, may 



20 COMMON SCHOOL MANUAL. 

appoint assessors to assess a tax for that purpose, and may 
issue a warrant to tlie collector of the district, or to a col- 
lector by him appointed, authorizing and requiring him to 
proceed and collect such tax. 

Sec. 5. Errors in assessing a tax may be corrected, or 
the tax reassessed, in such manner as maj' be directed or 
approved by the commissioner of public schools. 

Sec. 6. Whenever any person who has paid a tax for 
building or repairing a school-house in one district, shall, 
by alteration of the boundaries thereof, become liable to 
pay a tax in any other district, if such person cannot agree 
with the district, such abatement of the tax ma}- be made 
as the school committee, or, in case of a district composed 
from different towns, as the commissioner of public schools, 
may deem just and. proper. 

Sec. 7. Whenever a joint district shall vote to build or 
repair a school-house bj^ tax, the amount of the tax and 
plan and specifications of the building and repairs, shall 
be approved by the school committees of the several towns, 
or, in case of their disagreement, by the commissioner of 
public schools. 

Sec. 8. In case of assessing a tax by a joint or associ- 
ate district, if the town assessments be made upon differ- 
ent principles, or the relative value be not the same, the 
relative value and proportion shall be ascertained by one 
or more persons, to be appointed bj' the commissioner of 
public schools, and the assessment shall be made accord- 
ingly- 



STATUTES RELATING TO PUBLIC INSTRUCTION. 21 

CHAPTER 52. 

Of the trustees of school districts. 

Section Section 

1. Trusteesto have care of school- 7. May allow, on certain condi- 

houses and employ teach- tions. scholars fi'om without 

ers. the district to attend the 

2. To provide school-rooms, and schools. 

visit schools. 8. School committee, similarly 

3. To provide, in certain cases, empowered, if town is not 

books for scholars. divided into districts. 

4. To make tax bills, and issue 9. Disposition of money received 

warrants. for tuition. 

5. To make returns to school 10. Attendance of scholars from 

committee. without the district, where 

6. To receive no compensation, reckoned. 

unless by district tax. 

Section 1. The trustees of school districts shall have 
the custodj^ of the school-house and other district property, 
and shall emploj' one or more qualified teachers for every 
fifty scholars in average daily attendance. 

Sec. 2. The trustees shall provide school-rooms and 
fuel, and shall visit the schools twice at least during each 
term, and notify the committee or superintendent of the 
time of opening and closing the school. 

Sec. 3. The trustees shall see that the scholars are 
properly supplied with books, and in case they are not, 
and the parents, guardians, or masters have been notified 
thereof by the teacher, shall provide the same at the ex- 
pense of the district. 

Sec. 4. The trustees shall make out the tax bill against 
the person liable to pa}^ the same, and deliver the same to 
the collector wdth a warrant by them signed annexed 
thereto, requiring him to collect and pay over the same to 
the treasurer of the district. 

Sec. 5. The trustees shall make returns to the school ' 
committee in manner and form prescribed by them or by 
the commissioner, or as Taa,j be required by law, and per- 



22 COMMON SCHOOL MANUAL. 

form all other lawful acts required of them by the district, 
or necessary to carry into full effect the powers and duties 
of districts. 

Sec. 6. The trustees shall receive no compensation for 
services out of the mone}' received from either the State or 
town appropriations, nor in anj' waj', unless raised by tax 
b}' the district. 

Sec. 7. The trustees of an}- school district ma}- allow 
scholars from without the district, or without the State, to 
attend the public schools of such district, npon the paj^- 
ment of such sums for tuition as the trustees may deter- 
mine, provided that such attendance and tuition shall be 
approved by the school committee. 

Sec. 8. Whenever a town shall not be divided into 
school districts, or whenever public schools shall be pro- 
vided without reference to such division, the school com- 
mittee may exercise the powers provided in the preceding 
section hereof, to be exercised bj;- trustees. 

Sec. 9. All mone3's received for tuition as hereinbefore 
provided, shall be paid into the district or town treasury-, 
as the case may be, and shall be used for school purposes 
only. 

Sec. 10. No attendance upon the public schools author- 
ized by the thi'ee preceding sections, shall be reckoned in 
determining the average attendance for the purpose of reg- 
ulating the distribution of school mone}', but such average 
attendance shall be returned to the district or town where 
such scholars reside, and be there reckoned with the aver- 
age attendance of the school of the proper town or dis- 
trict. 



STATUTES RELATING TO PUBLIC INSTEUCTION. 23 

^ CHAPTER 53. 

Of the powers and duties of scJiool committees. 

Section Section 

1. Chairman and clerk, liow 12. Apportionment of the town's 

chosen and removed. share of sixty -three thou- 

2. Stated meetings, when held sand dollars. 

and quorum of. 13. Of twenty-seven thousand 

3. Committee may alter and dis- dollars. 

continue districts. 14. Of registry tax and other 

i. To locate all school-houses. funds. 

5. Land for school-house sites, if 15. Notice of apportionments to 

taken without owners' con- be given to trustees. 

sent, how appraised, 16. Orders on town treasurer, in 

6. Appeals, liow taken. what cases, and on what 

7. Committee to examine teach- conditions, to be given. 

ers, and when to annul cer- 17. Orders, to whom payable, 
tiflcates. 18. Orders not to be given, unless 

8. To visit schools, when and services have been per- 

how often. fonned. 

9. To make rules and regulations 19. Money forfeited, or unex- 

for schools. pended, how to be divided. 

10. May suspend pupils. 20. Reports to town, when to be 

11. Committee to manage schools, made. 

if town is not divided into 21. Expense of printing reports, 
districts. how to be paid. 

22. Change in school-books, how 
made. 

Section 1. The school committee of each town shall 
choose a chairman and clerk, either of whom may sign any 
orders or official papers, and may be removed at the 
pleasure of said committee. 

Sec. 2. The school committee shall hold at least four 
stated meetings, viz. : on the second Mondaj^ of Januaiy, 
April, July and October, in every year, and as much oftener 
as the state of the schools shall require. A majority of 
the number elected shall constitute a quorum, unless the 
committee consist of more than six, when four shall be a 
quorum, but any number ma}' adjourn. 

Sec. 3. The school committee may alter and discon- 
tinue school districts, and shall settle their boundaries when 
undefined or disputed ; but no new district shall be formed 
with less than forty children, between the ages of four and 
sixteen, unless with the approbation of the commissioner 
of public schools. 



24 COMMON SCHOOL MANUAL. 

Sec. 4. The school committee shall locate all school- 
houses, and shall not abandon or change the site of any 
"without good cause. 

Sec. 5. In case the school committee shall fix upon a 
location for a school-house in anj' district, or shall deter- 
mine that the school-house lot ought, to be enlarged, and 
the district shall have passed a vote to erect a school- 
house, or to enlarge the school-house lot, or in case there 
is no district organization, and the committee shall fix upon 
a location for a school-house and the proprietor of the 
land shall refuse to conve}" the same, or cannot agree with 
the district for the price thereof, the school committee of 
their own motion, or upon application of the district, 
shall be authorized to appoint thi'ee disinterested persons, 
who shall notify the parties and decide upon the valuation 
of the land ; and upon the tender, or pa3-ment, of the sum 
so fixed upon, to the proprietor, the title to the land so 
fixed upon by the school committee, not exceeding one 
acre, shall vest in the district, for the purpose of maintain- 
ing thereon a school-house, and the necessary appendages 
thereof. 

Sec 6. An appeal in such case shall be allowed to the 
court of common pleas, in the same manner, and with the 
same effect, both as to the necessit}' of taking the particu- 
lar land condemned, and the valuation thereof, and the 
like proceedings thereon shall be had, as is provided by 
law, in case of taking land for public highwa3's. 

Sec. 7. The school committee vaaj examine, by them- 
selves, or by some one or more persons b}' them appointed, 
ever}' applicant for the situation of teacher in the public 
schools of the town, and may, after five da3's' notice in 
writing, annul the certificate of such as upon examination 
of the part}' b}' them prove unqualified, or will not con- 
form to the regulations of the committee, and in such case 



STATUTES RELATING TO PUBLIC INSTRUCTION. 25 

shall give immediate notice thereof to the trustee of the 
district in which such teacher is emploj'ed. 

Sec. 8. The school committee shall visit, by one or 
more of their number, every public school in the town, at 
least twice during each term, once within two weeks of its 
opening, and once within two weeks of its close, at which 
visits they shall examine the register, and matters touch- 
ing the school-house, library, studies, books, discipline, 
modes of teaching, and improvement of the school. 

Sec. 9. The school committee shall make and cause to 
be put up in each school-house, rules and regulations for 
the attendance and classification of the pupils, for the in- 
troduction and use of text-books, and works of reference, 
and for the instruction, government, and discipline, of the 
public schools, and shall prescribe the studies to be pur- 
sued therein, under the direction of the school commis- 
sioner. 

Sec. 10. The school committee may suspend during 
pleasure all pujnls found guilt}' of incorrigibly bad con 
duct, or of violation of the school regulations. 

Sec. 11. Where a town is not divided into districts, or 
shall vote in a meeting duh' notified for that purpose, to 
provide schools, without reference to such division, the 
committee shall manage and regulate said schools, and 
draw all orders for the payment of their expenses. 

Sec. 12. Whenever the public schools are maintained 
b}' district organization, the committee shall apportion, as 
earl}' as practicable in each year, among the districts, the 
town's proportion of the sum of sixty -three thousand dol- 
lars received from the state, one half equally, and the 
other half according to the average daily attendance of 
the schools of the preceding ^-ear. 

Sec. 13. Whenever the town is divided into school dis- 
2 



26 COMMON SCHOOL MANUAL. 

tricts ha\ing the management of their own concerns, the 
committee shall apportion equally- among all the districts 
of the town, the town's proportion of the sum of twent}'- 
seven thousand dollars received from the State. 

Sec. 14. The scliool committee shall apportion the 
money received from the town, from the registry tax, from 
school funds, or from other sources, either equally or in 
such proportion as the town ma}- dii e -t, and for want of 
such direction, then in such manner as they deem best. 

Sec. 15. The school committee shall, immediate!}^ after 
making the apportionment among the several districts as 
provided in the three sections next preceding, give notice 
to the trustees of the amounts so apportioned to each dis- 
trict. 

Sec. 16. The school committee shall draw an order on 
the town treasurer in favor of such districts 011I3', as shall 
have made a return to them in manner and form pi'escrib- 
ed by them or by the commissioner of public schools, or 
as ma}' be required b}- law, from which it shall appear that 
for the 3ear ending on the first da^- of Ma}' previous, one 
or more public schools have been kept for at least six 
months, by a qualified teacher, in a school-house approved 
by the committee or commissioner, and that the money 
designated "• teachers' money," received the year previous, 
has been applied to the wages of teachers, and to no other 
purpose. 

Sec. 17. Such orders ma}- be made paj-able to the trus- 
tees or their order, or to the district treasurer, or teacher, 
and if the treasurer receive the mone}-, he shall pay it out 
to the order of the trustees. 

Sec. 18. The school committee shall not give any such 
order, until they are satisfied that the services have actu- 
ally been performed for which the money is to be paid ; 



STATUTES RELATING TO PUBLIC INSTRUCTION. 27 

and the register, properly kept, has been deposited with ■ 
the committee, or with some person by them appointed to 
receive the same. 

Sec. 19. At the end of the school 3"ear, &nj money ap- 
propriated to any district which shall be forfeited, and the 
forfeiture not remitted, or which shall remain unexpended, 
shall be divided hj the committee among the districts the 
following 3ear. 

Sec. 20. The school committee shall prepare, and sub- 
mit annually, at the annual town meeting, a report to the 
town, setting forth their doings, the state and condition of 
the schools, and plans for their improvement, which report, 
unless printed, shall be read in open town meeting, and. 
the school committee shall transmit a printed copy thereof 
to the commissioner of public schools, on or before the 
first day of Jul}' in each year. 

Sec 21. The committee may reserve annually, out of 
the public appropriation, a sum not exceeding fort}' dollars, 
to defray the expense of printing their report. 

Sec. 22. In any town in this state a change may be 
made in the school-books in the public schools of such 
town, by a vote of two-tlurds of the whole committee ; no- 
tice of the proposed change having been given in writing 
at a previous meeting of said committee : Provided, that 
no change be made .n any text-book oftener than once in 
thi'ee years, unless by the consent of the board of educa- 
tion. 

CHAPTER 54. 

Of teachers. 

Section Section 

1. Certificate of qualification re- 5. Teachers to keep register of 

quired. scholars atteniling school, 

2. Certificate valid for one year. and prepare district's return 

3. Qualifications of teachers. if requested. 

4. When teachers may be dis- 6. Moral instruction. 

missed. 



28 COMMON SCHOOL MANUAL. 

Section 1. No person shall be "emploj^ed in any town 
to teach as principal or assistant in an}" school, supported, 
entirely or in part, by the public monej", unless he shall 
have a certificate of qualification, signed either by the 
school committee of the town, or by some person appoint- 
ed hj said committee, or by the trustees of the normal 
school. 

Sec. 2. Such certificate, unless annulled, if signed by 
the school committee, shall be valid within the town for 
one year. 

Sec. 3. The school committee shall not sign anj' cer- 
tificate of qualification unless the person named in the 
same shall produce evidence of good moral character, and 
be found on examination qualified to teach the various 
branches required to be taught in the school. 

Sec. 4. The school committee of any town may, on 
reasonable notice and a hearing of the party, dismiss any 
teacher who shall refuse to conform to the regulations by 
them made, or for other just cause, and in such case shall 
give immediate notice to the trustees of the district. 

Sec. 5. Every teacher in anj^ public school shall keep 
a register of the names of all the scholars, attending said 
school, their sex, ages, names of parents or guardians, the 
time when each scholar enters and leaves the school, the 
daily attendance ; together with the days of the month on 
which the school is visted b}" any officer connected with 
public schools, and shall prepare the district's return to the 
school committee of the town. 

Sec. 6. Every teacher shall aim to implant and culti- 
vate in the minds of all children committed to his care the 
principles of morality and vii'tue. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 29 



CHAPTER 55. 

Of legal proceedings relating to public scJiools. 

Secttow Section 

1. Appeals from decisions relat- 6. Costs, in what cases not to be 

in;^ to public school, to whom taxed against school officers, 

made; liuty of commissioner 7. Suit against district may be 

to near and decide. answered by inhabitant of 

2. Statement of facts may be pre- district. 

sented to justice of supreme S. Judgments against school dis- 
court. tricts, how satisfied. 

3. Appeals, rules of, prescribed 9. Same subject. 

~ by commissioner. 10. Process against school dis- 

4. Matters in dispute maybe sub- trict, how to be served. 

mitted to commissioner by 11. Record of clerk of district pri- 
agreement. ma facie evidence. 

5. Votes ordering district taxes, 12. Conimissioner may remit cer- 

final, unless appealed from. tain fines, penalties, and for- 

feitures. 

Section 1. Any person aggrieved by any decision or 
doings of any school committee, district meeting, trustees, 
or in any other matter arising under this title, may appeal 
to the commissioner of public schools, who, after notice to 
the part}^ interested of the time and place of hearing, shall 
examine and decide the same without cost to the parties : 
Provided, that nothing contained in this section shall be 
construed to deprive such aggrieved party of any just legal 

remedy, 

• 

Sec 2. The commissioner of public schools may, and 
if requested on hearing such appeal by either party shall, 
lay a statement of the facts of the case before one of the 
justices of the supreme court whose decision shall be final. 

Sec. 3. The commissioner of public schools may pre- 
scribe from time to time rules regulating the time and 
manner of making such appeals, and to prevent their be- 
ing made for trifling and frivolous causes. 

Sec 4. Parties having any matter of dispute between 
them arising under this title, maj^ agree in writing to sub- 
mit the same to the adjudication of said commissioner, and 
his decision therein shall be final. 



30 COMMON SCHOOL MANUAL. 

Sec. 5. If no appeal be taken from a vote of a district 
relating to the ordering of a tax, or from the proceedings 
of the oflScers of the district in assessing the same, or if on 
appeal, such pi'oceedings are confirmed, the same shall not 
again he questioned before an}- court of law or magisti-ate 
■whatever : Provided, that this section shall not be consti'u- 
ed to dispense with legal notice of the meeting, or with 
the votes or proceedings being approved by the school 
committee or commissioner of public schools, whenever the 
same is required by law. 

Sec. 6. In any civil suit before any court, against any 
school officer, for any matter which might by this chapter 
have been heard and decided b}^ the commissioner of pub- 
lic schools, no costs shall be taxed for the plaintiff, if 
the com't are of opinion that such officer acted in good 
faith. 

Sec. 7. Any inhabitant of a district, or person liable 
to pay taxes therein, may be allowed by anj" court to an- 
swer a suit brought therein against the district, on giving 
security for costs, in such manner as the court may di- 
rect. 

Sec. 8. Whenever judgment shall be recovered in any 
court of record against an}- school district, the court render- 
ing judgment shall order a warrant to be issued, if no ap- 
peal be taken, to the assessors of taxes of the town in 
which such district is situated, or in case of a joint dis- 
trict, composed of parts of towns, then to one or more of 
the assessors of each town, with or without designating 
them, requiring them to assess upon the ratable property 
in said district a tax sufficient to pay the debts or dama- 
ges, costs, interest, and a sum in the discretion of the court 
sufficient to defray the expenses of assessment and collec- 
tion. Said assessors shall, without a new engagement, 
proceed to assess the same, giving notice as in case of 
other district taxes. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 31 

Sec. 9. Said warrant shall also contain a direction to 
the collector of the town, or in case of a joint district, then 
to the collector of either town, as the court may direct, re- 
quiring him to collect said tax ; and said warrant, with the 
assessment annexed thereto, shall be a sufficient authority 
for the collector, without a special engagement, to proceed 
and collect the same with the same power as in case of a 
town tax ; and when collected, he shall pay over the same 
to the parties to whom it may belong, and the surplus, if 
any, to the district. And the court may require a bond of 
the collector. 

Sec. 10. "Whenever any writ, summons, or other pro- 
cess shall issue against anj^ school district in any civil 
suit, the same mav be served on the treasurer or clerk, 
and if there are no such officers ( o be found, the officer 
charged with the same ma}' post up a certified copy there- 
of on the door of the school-house, and if there is no school 
house, then in some public place in the district, and the 
same, when proved to the satisfaction of the court, shall 
constitute a sufficient service thereof. 

Sec. 11. The record of the district clerk, that a 
meeting has been duly, or legally, notified, shall be prima 
facie evidence that it has been notified as the law requires. 
The clerk shall procure, at the expense of the district, a 
suitably bound book for keeping the record therein. 

Sec 12. The commissioner of public schools may remit 
all fines, penalties, and forfeitures incurred by any town, 
district, or person under any of the provisions of this title, 
except the forfeiture incurred by any town for not raising 
its proportion of money. 



32 COMMON SCHOOL MAWUAL. 



CHAPTER 56. 

Of the Normal School, teachers' institutes and lectures. 

Secttots^ Section 

1. Normal school, management 6. Teachers and lecturers for 

of. teacht-rs' institutes anl erlu- 

2. Qualifications of applicants cational journal, appropria- 

for tuition. tion for. 

3. Diploma, who to receive. 7. Commissioner of public schools 

4. Trustees to examine applicants to account to state auditor lor 

to teach. expenditures. 

5.. When may pay traveling ex- 
penses of pupils. 

Section 1 . The Normal School shall be under the man- 
agement of the board of education, and the commissioner 
of public schools, as a board of trustees. 

Sec. 2. All applicants from the several towns in the 
state shall be admitted to free tuition in said school, after 
having passed such an examination as maj' be jjrescribed 
by the board of trustees, and after having given to such 
board satisfactory evidence of their intention to teach in 
the public schools of this state for at least one 3'ear after 
leaving the said school. 

Sec 3. Persons who shall have passed the regular 
course of studies at the Normal School, shall, on the written 
recommendation of the principal, receive a diploma, signed 
by the trustees of the school. 

Sec. 4. The said trustees shall, by themselves, or bj' a 
committee of their board, examine all applicants to teach 
in the public schools, and shall give certificates to such as 
are found qualified to teach school. 

Sec. 5. The trustees of the Normal School may pay to 
each pupil who shall reside within the state, and not within 
five miles of said school, who shall have been duly admit- 
ted thereto, and who shall have attended the regular sessions 
of said school, and complied with the regulations thereof, 
during the term next preceding such payments, not exceed- 



STATUTES RELATING TO PUBLIC INSTRUCTION. 33 

ing ten dollars, for each quarter year, for travelling ex- 
penses, but such payments in the aggregate for such trav- 
elling expenses shall not exceed the sum of fifteen hundred 
dollars in any one year, and shall be made to the respective 
pupils entitled to the same, in proportion to the distance 
they ma}^ reside from said school. 

Sec. 6. A sum not exceeding five hundred dollars shall 
be annually paid for defraying the necessarj^ expenses and 
charges for procuring teachers and lecturers for teachers' 
institutes, to be holden under the direction of the commis- 
sioner of public schools ; and a like sum of not exceeding 
five hundred dollars shall be annually paid for publishing 
and distributing some journal devoted to educational in- 
terests published in this state, among the several school 
districts. 

Sec. 7. The commissioner of public schools shall ren- 
der an annual account to the state auditor, of his expendi- 
tures, under the provisions of this chapter, with his vouch- 
ers therefor. 

CHAPTER 57. 

Of truant children and absentees from school. 

Section Section 

1. Town councils may make or- 3. Ordinances to be approved by 

dinances respecting truants; the commissioner. 

penalty for violation thereof. 4. Town to appoint persons to 

2. Same subject. make complaints, for the vio- 

lation of such ordinances. 

Section 1. Town councils shall make needful provis- 
ions and arrangements concerning habitual truants, and 
children not attending school, or without any regular and 
lawful occupation, or growing up in ignorance, between the 
ages of six and sixteen years ; and also all such ordi- 
nances respecting such children as shall be deemed most 
conducive to thek welfare, and to the good order of such 
town, and may provide penalties for the breach of au}^ such 



34 COMMON SCHOOL MANUAL. 

ovdinance, not exceeding twenty dollars for any one of- 
fence. 

Sec. 2. Any such minor convicted under any such or- 
dinance of being an habitual truant, or of not attending 
school, or of being without any lawful occupation, or of 
growing up in ignorance, may, at the discretion of the 
court having jurisdiction of the case, instead of being fined 
as aforesaid, be committed to any institution of instruc- 
tion or suitable situation provided for that purpose. 

Sec. 3. Before any ordinances made under the au- 
thority of the next two preceding sections hereof shall take 
effect, they shall be approved by the commissioner of pub- 
lic schools. 

Sec. 4. The several towns, availing themselves of the 
provisions of this chapter shall appoint, at their annual 
town meetings, or annually, by their town councils, three 
or more persons, who alone shall be authorized to make the 
complaints, in case of violations of said ordinances, to the 
court which, by said ordinances shall have jurisdiction in 
the matter ; and said persons thus appointed shall alone 
have authority to carry into execution the judgment of such 
court. 

CHAPTER 58. 

General provisions relating to public schools. 

Section Section 

1. No person excluded from 9. Construction of the word 
school, unless by general rule. " town." 

2. School officers to be engaged. 10 Public schools in cityofProvi- 

3. Record of district clerk. ^>rjwi a dcnce, how governed. 

facie evidence of engagement. 11. Taking of fees. Ac. for promot- 

4. 1 enure of office of school offi- ingsale or exchange of school 

cei-s. books. &c., prohibited. 

6. Penalty for neglect of duties. 12. Otfering of lees. &c., to public 

6. School committee, board of ed- school officers for such pur- 

ucation, and commissioner, pose, prohibited ; penalty for 

may visit schools incorporat- oflering or receiving such 

ed or aided by the state. fees. 

7. Penalty for refusing to permit 13. Chilihen of deceased solders 

such visitation. and sailors, when admitted 

8. Penalty for nuisances near free to public schools. 

ischool-houstt. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 35 

Section 1. No person shall be excluded from anj" pub- 
lic school in the district to which such person belongs, if 
the town is divided into districts, or if not so divided, from 
the nearest public school, on account of race or color, or 
for being over fifteen years of age, nor except b}- force of 
some general regulation applicable to all persons under the 
same circumstances. 

Sec. 2. Every school officer elected or appointed under 
the provisions of this title, except the moderator of a dis- 
trict meeting, shall take an engagement before some per- 
son authorized to administer oaths, to support the consti- 
tution of the United States, the constitution and laws of 
this state, and faithfully to discharge the duties of his of- 
fice so long as he shall continue therein. 

Sec. 3. The record of the district clerk that any dis- 
trict school officer has been duly engaged, shall he prima 
facie evidence tliereof ; and no school district officer shall 
enter upon the duties of his office, without taking an an- 
gagement. 

Sec. 4. Ever}- school officer elected or appointed under 
. the provisions of this title shall, without a new engage- 
ment, hold his office until the time of the next annual elec- 
tion or appointment for such office, and until his successor 
is elected or appointed and qualified. 

Sec 5. Ever}" officer who shall make any false certi- 
ficate, or appropriate an}' puDlic school money to an}' pur- 
pose not authorized by law, or who shall refuse for a rea- 
sonable charge to give certified copies of any official paper, 
or to account or deliver to his successor, any accounts, 
papers, or monej- in his hands, or shall wilfully or know- 
ingly refuse to perform an}^ duty of his office, or violate 
an}' provisions of any law regulating public schools, ex- 
cept where a particular penalty may be prescribed, shall 
be fined not exceeding five hundred dollars, or be impris- 



36 COMMON SCHOOL MANUAL. 

oned not exceeding six months, and shall be liable to an 
action on the case for damages, to be brought b}' anj- per- 
son injured thereb3% 

Sec. 6. Any school receiving aid from the state, either 
by direct grant or b^" exemption from taxation, ma}* be 
visited and examined b}' the school committee of the town 
or city, in which such institution is situated, and by the 
members of the board of education and the commissioner of 
public schools, whenever they shall see fit. 

Sec. 7. Whenever such school shall refuse to permit 
such visitation, when requested, its exemption from taxa- 
tion shall thereafter cease and be determined. 

Sec. 8. Ever3' person who shall keep any swine, in any 
pen or other enclosure, or shall keep, or suffer to be kept, 
any other nuisance, within one hundred feet of any dis- 
trict school-house, or within one hundred feet of any fence 
enclosing the yard of any such school-house, shall be fined 
twent}' dollars, one half thereof to and for the use of the 
school district in which said offence is committed, and the 
other half thereof to and for the use of the state. 

Sec. 9. In the construction of this title, except in the 
construction of chapter fifty-seven and the sixth and sev- 
enth sections of this chapter, the word town shall include 
the city of Providence onh* so far as to entitle said cit}' to 
a distributive share in the public money, upon making a 
report to the commissioner, in the same manner as the 
school committees of other towns are required to do. 

Sec. 10. The public schools in said city shall continue, 
as heretofore, to be governed according to such ordinances 
and regulations as the proper cit}' authorities may from 
time to time adopt. 

Sec. 11. No superintendent or school committee of any 
town, or any other person officially-connected with the gov- 
ernment or direction of the public schools, shall receive 



STATUTES RELATING TO PUBLIC INSTRUCTION. 37 

any private fee, gratuit}^ donation, or compensation in any 
manner whatsoever, for promoting the sale or the exchange 
of any school book, map, or chart, in any public school. 

Sec 12. No person shall offer to any public school offi- 
cer any fee, commission, or compensation whatsoever, as 
an inducement to effect through such officer any sale, or 
promotion of sale, or exchange, of any school book, map, 
chart, or school apparatus ; and every person violating any 
provisions of this chapter, shall be fined not exceeding fif- 
ty dollars, or be imprisoned not exceeding thirty days. 

Sec. 13. All the public schools in the state, including 
the state Normal School, shall be open to the children of 
officers and soldiers belonging to the state, mustered into 
the service of the United States, and of those persons be- 
longing to the state, and serving in the navy of the United 
States, and who died in said service during the late rebel- 
lion against the authority of the United States, or who 
were discharged from said service, in consequence of wounds 
or disease contracted in said service, or who were killed in 
battle, without an}" cost or expense for taxes, or other 
charges imposed for purposes of public education. 



38 COMMON SCHOOL MANUAL. 

TITLE XIIL 

OF CERTAIN STATE CHARITIES. 



Chapter 71— Appropriations for the education of indigent blind, deal 
and dumb, idiots and imbecile persons , 

CHAPTER 71. 

Appropriations for the education of indigent blind, deaf and 
dumb, idiot and imbecile persons. 

Section Section 

1. Amount annually appropriated 2 and 3. Governor how to select 

by state for education of blind, state beneficiaries, and to 

deaf and dumb, idiots and im- draw and apply appropria- 

beciles, and -where to be ex- tion. 

pended. 4. Governormaydraw moneyfor 

clothes of beneficiaries. 

Section 1. The sum of three thousand dollars is 
hereb}^ annually appropriated out of the general treasuiy, 
for the education of the indigent blind of this state, at the 
Perkins Institution for the blind at South Boston, Massa- 
chusetts ; for the education of indigent deaf mutes of 
this state at the American Asj-lum at Hartford, Connecti- 
cut ; and for the education of such indigent idiot and imbe- 
cile persons of this state, at institutions now established, 
or that may be established within or without the state, for 
the education and improvement of such idiot and imbecile 
persons. 

Sec 2. The governor may select such indigent persons, 
being inhabitants of the state, as he shall deem proper as 
state beneficiaries, and ma}- determine the amount of said 
appropriations to be applied to the education of each ; so 
that no one person shall receive any portion thereof for 
more than five years, nor shall any state beneficiary at said 
American Asylum receive more than one hundi'ed and sev- 



STATUTES KELATING TO PUBLIC INSTRUCTION. 39 

enty-five dollars ; at the Perkins Institution for the blind 
more than three hundred dollars ; and at any other insti- 
tution more than one hundred dollars, in any one 3'ear. 

Sec. 3. The governor may draw upon the general treas- 
urer, from time to time, for the purposes aforesaid, his drafts 
therefor, in any one year not to exceed, in the whole, the 
amount above appropriated in the first section of this chap- 
ter. 

Sec. 4. The governor may draw upon the general treas- 
urer, for whatever sum of money he may deem sufficient, not 
exceeding the sum of twenty dollars yearly, in any one 
case, for the purpose of furnishing the necessaiy clothes to 
any one of said beneficiaries. 



40 



COMMON SCHOOL MANUAL. 



TITLE XX. 



OF THE DOJIRSnC RELATIONS. 



CHAPTER 155. 

Of Factory and other laborers, 

Sectiok SECTION^ 

SI. No factory laborers under 24. Penalty upon owner or agent 
twelve yaars of a»3. of fictory for breach ofpre- 

22. Under fifteen years of age, to ceding sections. 

go to school. 25. Limitation o# complaint for 

23. Hours of employment in facto- such breach. 

ry. of minor between twelve 26. Ten hours, legal day, unless 
and fifteen years of age. otherwise agreed. 

Section 21. No minor under the age of twelve years 
shall be emplo3'ed in or about any manufacturing establish- 
ment, in any manufacturing process, or in any labor inci- 
dent to a manufacturing process. 

Sec. 22. No minor under the age of fifteen years, shall 
be emploj'ed in any manufacturing establishment in this 
state, unless such minor shall have attended school for a 
term of at least three months in the year next preceding 
the time when such minor shall be so employed ; and no 
such minor shall be so emplo^'ed for more than nine months 
in any one calendar year. 

Sec. 23. No minor who has attained the age of twelve 
years, and is under the age of fifteen j-ears, shall be em- 
ployed in any manufacturing establishment more than elev- 
en hours in any one da^', nor before five o'clock in the 
morning, nor after half past seven o'clock in the evening. 

Sec. 24, Every owner, emplo^'cr, or agent of a man- 
ufacturing establis hment, who shall knowingl}' and wil- 
fully employ any minor, and every parent or guardian who 



STATUTES RELATING TO PUBLIC INSTRUCTION. 41 

shall permit or consent to the emjJloyment of his or her 
minor child or ward, contrar}^ to the provisions of the next 
three preceding sections of this chapter, shall be liable to 
a penaltj^ of twent}" dollars for each offence, to be recov- 
ered b^' complaint and warrant before the justice court in the 
town in which such child shall reside, or in which the man- 
ufacturing establishment in which such child shall have 
been employed shall be situated, one half thereof to the 
use of the complainant, and the other half thereof to the 
use of the district school of the district in which such man- 
ufacturing establishment shall be situated, or, if in the city 
of ProvidencCj to the use of the public schools of said city. 

Sec. 25. Every such complaint shall be commenced 
within thirt}" days after theotfence complained of shall have 
been committed, with right of appeal as in other criminal 
cases. 

Sec. 26. Labor performed in any manufacturing estab- 
lishment, and all mechanical labor, during the period of 
ten hours in any one da}", shall be considered a legal day's 
work, unless otherwise agreed by the parties to the con- 
tract for the same. 



42 COMMON SCHOOL MANUAL. 

TITLE XXI. 

OF THE INDIAN TRIBE. 



CHAPTER 158. 

Of the Indian scliool. 

Section^ Section 

1. AppropriatioTi for, and how to 3. Qualification of teacher in> 

be expended. how to be proved. 

2. Keport of expenditure, when 4. Indian tribe not included in ap- 

and how made. poi-tionment for Charles 

town. 

Section 1 . The general treasurer shall annually pay to 
the treasurer of the town of Charlestown the sum of two 
hundred dollars, to be expended under the direction of 
some person or persons to be annuallj' appointed hj the 
governor, in the support of a school, and the purchase of 
school books for the members of the Indian tribe ; Provid- 
ed, that no portion of said appropriation shall be expended, 
unless the school-house occupied by said tribe shall be put 
and kept in suitable repair by said Indian tribe. 

Sec 2. The person or persons appointed as aforesaid 
shall, on or before the first Tuesday of May, aiinuall}-, trans- 
mit to the governor an account of the expenditure of said 
mone}' together with a statement of the condition of said 
school. 

Sec. 3. No person shall be employed to keep said school, 
either as principal or assistant, who has not received a cer- 
tificate of his qualifications to teach a school from the 
school committee of the town of Charlestown, or other com- 
petent authority, in like manner as is required for teachers 
in other public schools. 

Sec 4. In the apportionment of the public money by 
the commissioner of public schools and b}' the school com- 
mittee of the town of Charlestown, the Indian tribe shall 
not be included. 



DECISIONS 



OF 



CASES UNDER THE SCHOOL LAWS. 



It has been thought best, so far as possible, to collect 
all the late written decisions of the commissioners of public 
schools, and to print them in this edition of the laws. 
They contain the commissioners' opinion on a variety of 
matters, and on the mode of interpreting the law ; and, of 
course, will serve as guides to trustees and school officers. 
These decisions, with a very few exceptions, have been 
made since the passage of the Revised School Law in 1851. 
The most important of them were made b}' the late com- 
missioner, Hon. E. R. Potter, to whose deep interest in the 
subject of public education, it is in great part owing that 
the present law was enacted, and whose very intimate 
knowledge of the design and bearing of the law, eminently 
qualify him to give authoritative opinions concerning it. 
The decisions are given with a histor}^ of the case, with 
the belief that a statement of the circumstances attending 
each one, will be valuable to all who wish to make ap- 
peals. 

A few decisions of the Supreme Court are also given, as 



44 COMMON SCHOOL MANUAL. 

establishing the views of the court on the powers and du- 
ties of school districts and their officers, and several opinions 
of his honor Chief Justice Ames, on the power and juris- 
diction of the commissioner of public schools. It is hoped 
that this publication will assist to interpret man}' points 
in the law, and therefore to aid in the vigorous enforce- 
ment of its provisions, and that it will tend to the improve- 
ment of our common schools, and the spread of intelligence 
among all classes of the commuuitj. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 45 

- DECISION No. 1. 

Case of scliool district number Jive, Cumberland. 

1. School teacher without a cortifi- 2. Irregular proceedinsrs- 

cate cannot draw •■ teachers' 3. Mode of notifying meetings of 
money. " the school commitee. 

In the case cf the appeal of Albert Follet, of school dis- 
trict No. 5, Cumberland, it appears that, 

In 1846, three trustees were elected. By misconstruc- 
tion of the law, they supposed the trustees were to take 
turns acting 3'ear b}^ year. In October, Follet was en- 
gaged and acted. The next year Scott, another trustee, 
acted, but there is no evidence of his being engaged. Crown- 
ingshield, the other trustee, removed from the district. But 
of these proceedings there is no record. 

In May, 1848, a meeting was called by Scott, the clerk 
of the district, and who had also acted as trustee, and Mr. 
Follet, not an elector at the time, was chosen trustee, and 
engaged. But it does not appear that Scott was ever en- 
gaged, either as clerk or trustee. The winter following, 
Mr. Follet emploj-ed Miss Burgess to keep the school. At 
the time she kept it, she hid not any certificate, her former 
certificate from the committee being dated more than a year 
previous. 

On December 16, 1848, a meeting of the school commit- 
tee of the town was held ; four members were present, and 
the meeting was adjourned to December 19th, when seven 
out of nine members were present, one of the others being 
dead and the other sick. It is admitted that the meeting 
of the committee was not called according to one of their 
own by-laws, which provides that special meetings of the 
committee should be called b}" the secretaiy, on request, &c. 

The committee voted that FoUet was not the legal trus- 



46 coiraoN SCHOOL manual. 

tee of the district, and appointed an agent to establish a 
school there, and from this decision an appeal is made. 

It is contended that this meeting was illegal, not being 
called in the mode pointed out in the by-law. 

On the preceding facts I am of opinion, 

1st. That no teacher can, under any circumstances, be 
entitled to demand any portion of the public monej" unless 
he has a certiflcate of qualification valid at the time he 
keeps the school. 

2d. That the irregularity of the proceedings in the dis- 
trict has been so great, that the district cannot be consid- 
ered as being legally organized. 

3d. That although the committee ma}' provide by b3'-law 
a mode of calling meetings of their bodj', such by-law 
would not exclude any other mode of calling meetings ; and 
if a quorum be present, and all those who are capable of 
attending have had reasonable notice, and there is no 
charge of any unfair or improper proceedings, the meeting 
will be held to be a legal one ; the committee being a body 
appointed by law for the performance of a trust, and the 
law itself prescribing no particular mode of calling such 
meeting. 

E. R. Potter, Corner, of Public Schools. 

Kingston, R. I. April 10, 1849. 

Approved April 26, 1849. 

R. W. Greene, Chief Justice Supreme Court. 

DECISION No. 2. 



Case of school district number seven, Biirrillville. 

A vote or decision of a school merits of a case may be ap- 

coiuinittee not involving the pealed from. 

2. Sciioolhousc site fixed. 

In the case of the appeal of sundry persons in school 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 47 

district number seven, Burrillville, from a vote of the 
school committe(>. of the town, passed second Monday of 
January, a. d. 1850, b}' which certain persons who had pe- 
titioned for a change of location of the school-house in 
said district, had leave to withdraw their petition because 
the committee were not fully satisfied that the petition 
came legally under their jurisdiction. 

One question suggested but not argued on the hearing 
was as to the right to appeal from a decision of the nature 
above stated, not involving the merits of the question. I 
am of opinion, however, that the decision of the committee 
is such as may be appealed from, and that on such appeal 
the whole merits of the case ma}^ be examined and de- 
cided. 

It appears that the district have always refused to ac- 
cept a deed of the lot on which the school-house is now 
located, and that of course they have no legal title to the 
ground, and that the district owns a lot on the opposite 
side of the road from the old school-house, on which the 
majority of the district are desirous to have the school- 
house stand. 

From the above considerations and others presented, and 
believing that the peace of the district and the good of the 
school in the district would be proinoted b}- a change of 
location, I do hereby' change said location, and direct that 
the school-house be hereafter located on the lot conveyed^ 
by Mrs. Harris to said district, nearly opposite to where 
the old schood-house stands. 

E. R. Potter, CommW of Public ScJiools. 

Providence, Feb. 13, 1850. 

The above decision is hereb}^ approved. 

Levi Haile, Justice of the Supreme Court. 
Providence, May 30, 1850. 



48 COMMON SCHOOL MANUAL. 

DECISION No. 3. 

Case of school district number three, North Providence. 

A school district ought not to Ije (livifled when it can conveniently es- 
tablish a graded school. 

In the case of the appeal of James S. Healey, Robert 
Newton and others, from a vote of the school committe<> of 
North Providence, passed November 30, 1850, by which 
the school district No. 3, in said town, was divided into 
two districts. 

It is contended on one side that under the proviso of sec. 
4, p. 1 of the school act, the committee had no power to 
divide the district because schools of different grades might 
be conveniently established. It is admitted that there 
will be more than forty scholars in each of the new dis- 
tricts. 

On consideration of the question I am of opinion that 
that portion of the proviso respecting the grading of schools, 
is to be construed as laying down a principle for tlie regu- 
lation of the discretion of the committee. It is not defi- 
nite and positive in its terms, and cannot be made so from 
the nature of the case. Each case must depend upon its 
own circumstances. But before acting in such a case the 
committee should enquire and adjudge that each district 
will have the required number of scholars, and that the 
schools cannot conveniently be graded. 

In regard to the facts of the case, taking all the circum- 
stances together, and with the probabilitj- that the popula- 
tion of the north part of the district from its vicinit}- to the 
city must be constautl}' increasing, and that, therefore, the 
district presents, a favorable opportunity of carrj'ing out, 
sooner or later, the apparent intention of the proviso, I am 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 49 

of opinion that the district should not be divided, and the 
decision of the committee is therefore reversed, 

E. K. Potter, Comm'r of Public ScJiooIs. 
Providence, April 16, 1851. 

I hereb}^ approve of the decision of the commissioner. 
R. W. Greene, Chief Justice Supreme Court. 
April 18, 1851. 



DECISION No. 4. 

Case of school district number tJiree, JSforih Providence. 

1. School committeeinay not com- 3. School committee have power 

pel a gradation of schools. to limit and explain their cer- 

2. Vote to establish a primary tiflcates. 

school. 4. School committee cannot dele- 

gate its general powers. 

In the case of the appeal of the trustees of School 
District No. 3, in North Providence, from a vote of 
the school committee of said town, passed January 24, 
1852, refusing to allow certain bills presented by said trus- 
tees, viz. : Anson H. Cole, for $48.12, for teaching school 
to January 8th, and Hannah T. Smith, for $18, for teach- 
ing school to January 23, 1852. 

The parties were heard before the commissioner of pub- 
lic schools, on Saturday, March 13, 1852 ; the trustees, 
Randall and Shepard, and Messrs. Sissoii and Willard, 
chairman and clerk of the school committee, being present. 

It appears, that by vote, March 9, 1850, the school 
committee recommended the district to build or lease a 
room for a primary school, in the south part of the district 
— ^that at a meeting of the district, August 6, 1851, the fol- 
lowing resolution was offered : 

^^Mesolved, That in the opinion of this meeting, the wants 
of the district imperatively demand the establishing of a 
3 



50 COMMON SCHOOL MAKUAL. 

primary scliool in the southerly part thereof; I move that 
a school-house for the use of the public schools of this 
town be built agreeably to the recommendation of the school 
committee of the town, the building of which school house 
not to exceed $1,000." 

And it was passed. A school-house was built. 

Of the teachers emplo3^ed, Mr, Cole had a general cer- 
tificate, and Miss Smith, a certificate for the primarj- school, 
near Corliss & Nightingale's, the new house being intended. 

The trustees changed the teachers, and directed Mr. 
Cole to keep the school in the new house, and Miss Smith 
the school in the old school-house. 

The chairman and clerk of the committee, bj' letter Jan- 
uary 2, 1852, notified the trustees that the teachers should 
be restored to their former schools, and that unless the 
change was made on the following Monday, theu' bills 
would not be allowed. The change was not made, and 
when the bills were presented, the committee voted to allow 
only so much oi them, viz. : ($43.75, to one teacher, and 
$3.60 to the other,) as was incurred before Mondaj^, Janu- 
ary 5th, " at which time the certificates of the said teach- 
ers were formally annulled." 

It further appears, that the committee, b}" vote, October 
18, 1851, authorized their chairman and clerk, severallj', 
in the absence of the board, " to order bills, approve taxes, 
school regulations, &c., for the several school districts, and 
transact all other business legally transferable^ into then* 
hands." 

The appellants contend that the district schools had never 
been graded, that the committee had no power to grani 
conditional certificates, and that the committee had never 
legally annulled the certificates (sec. 14,) or dismissed the 
teachers, (sec. 56.) 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 51 

On full consideration of the points presented, and which 
were ably argued b}^ Colonel Rivers and Mr. Sherrod, for 
the trustees, and by Mr. Wiliard, for the committee, I am 
of opinion, 

1st. That 'the school committee may promote by advice 
and recommendation, but have no power to compel a gra- 
dation of schools by a district. 

2d. That the vote of the district, (as explained by the 
vote of the committee, which is referred to in it, and thus 
made a part of it,) does appropriate the new house for a 
primar}^ school. 

3d. That the committee have the power to limit and 
explain their certificates. To construe the law to require 
perfection in the branches named in section 54, would be 
unreasonable, and indeed, it is impossible to make a per- 
fectly definite standard. If so, there is no reason why 
the certificate should not express the degree of qualifica- 
tion. 

4th. That the committee cannot delegate their general 
powers. The powers of visiting schools and examining 
teachers they are specially authorized to delegate.* There 
can be no objection, also, to a committee authorizing its 
ofl3cers to draw orders for payment of bills, upon the per- 
formance of certain conditions, as on making a return, &c. 
But to delegate a power, which is supposed to imply the 
exercise of a discretion in the committee, seems contrary 
to the intention of the law in giving such power to the com- 
mittee. 

The committee have the undoubted right to annul a cer- 
tificate, or dismiss a teacher, for good cause. No particular 
form is necessarj^ for doing this. But the trustees should 



*By the school law of 1839, the committee were expressly authorized 
to delegate all their powers, and the practice was productive of great 
evU. 



52 COMMON SCHOOL MANUAL. 

be plainly informed that the certificate is annulled, or the 
teacher dismissed. And the teacher should be notified, that 
he ma}' haA^e a chance to defend himself, 

I see no reason, therefore, why Mr. Cole's bill should not 
be paid, he having a general certificate ; and jrora consid- 
erations of equity, and believing that the trustees did not 
consider that they were violating the law, or the lawful 
regulations of the committee, I think that Miss Smith's 
bill, also, should be paid. 

The town treasurer of the town of North Providence, is 
hereby authorized and required to pay out of an}' money in 
his office standing to the credit of said district. No. 
3, (or if not apportioned, then out of any school money 
in his office,) the sum of forty-eight dollars and twelve 
cents, to Anson H. Cole, and the sum of eighteen dol- 
lars to Miss Hannah T. Smith ; and in case the trustees 
have paid the same, or either of them, then to pay it to 
said trustees, and for so doing this shall be his sufficient 
warrant. 

E. R. PoTTEK, Comm'r of Public Schools. 

Providence, March 23, 1852. 

{From R. I. Reports, vol. 2. 120.) 
OPINION OF THE SUPREME COURT, Greene, C. J. 

The commissioner cannot draw orders on tlie town treasurers. 

The following decision of the Supreme Court, made May 
10, 1852, relates to the Decision No. 4. It will be seen on 
examination that it only afiects the mode of carrying into 
effect the decision of the commissioner of public schools in 
a case appealed to him : 

Supreme Court, Monday, May 10. 

Mowry Randall and another vs. Zelotes Wetherell, town 
reasurer of North Providence. 



DECISIOl^S RELATING TO PUBLIC INSTRUCTION. 53 

Application for a mandamus. The application stated 
that the applicants, trustees of school district No. 3, of 
North Providence, " did on day of a. d. 1851, 

employ one Anson H. Cole, as teacher in said district, and 
that on the 8th of January, 1852, there was justly due to 
said Cole, as teacher, the sum of $48.12, That said trus- 
tees also employed one Hannah T. Smith, as a teacher in 
said district, and on the 23d of January-, 1852, there 
was justly due to said Hannah, the sum of $18. That these 
bills were dui}^ presented to the school committee of said 
town for payment, but said committee, January 24, 1852, 
by vote, refused to allow said bills, as they were by law 
bound to do, pretending that they were not due, and 
that the district was under no legal obligation to pay the 
same." 

From this vote of the committee an appeal was taken to 
the commissioner of public schools, who decided that the 
bills should be paid and drew an order on the town treas- 
urer to pay out of any money in his office, standing to the 
credit of said district, or out of any school money in his 
office, said sums to Anson H. Cole and Hannah T. Smith. 
This order the town treasurer refused to comply with. 

A rule having been granted for the said Zelotes Weth- 
erell to appear and show cause why said sums of money 
have not been paid, and why he should not be commanded 
by the court to paj- the same. 

Rivers, for the petitioners, cited sections 21st, 23d and 
65th, of " an act to revise and amend the laws regulating 
public schools," and admitted that the statute gave the 
commissioner no direct authorit}^ to draw this order, but that 
the act having given an appeal from the town committee, 
who were competent to draw the order, the appeal to the 
commissioner carried with it by implication the incidental 
power to draw the order of paj^ment. 



54 COMMON SCHOOL MANUAL. 

The court having intimated that the proper nnode of pro- 
ceeding would have been for the commissioner to have cer- 
tified their decision hack to the to>vn committee, and that 
upon their refusal to draw an order for the pa3ment of the 
sums decided to be due, a mandamus might issue to com- 
pel them so to do. The further hearing of the case was 
postponed, that the court might ascertain the views which 
guided the school commissioner in his proceedings. The 
case was heard Saturday, Ma}^ 8th ; and now, the court 
having conferred with the school commissioner, their judg- 
ment was delivered by Greene, C. J., (after stating the 
case.) The difficulty which the court experiences in this 
case, results from the 21st section of " the act to revise 
and amend the law regulating piiblic schools," which de- 
fines the duties of the town committee. This section pro- 
vides that the town committee shall draw orders upon the 
treasurer for the payment of monej' due, in conformit}' with 
the law : Provided, " that the committee shall not be oblig- 
ed to give any order until they are satisfied the services 
have actually been performed for which the money is to be 
paid." They are to decide when money is due, and, hav- 
ing so decided, to draw an order for its payment. And 
the 23d section of the same act prescribes, that " the town 
treasurer shall receive the mone}^ due from the State treas- 
ur} , and shall keep a separate account of all money ap- 
propriated by the State, or town, or otherwise, for public 
schools, and sliall pay ihe same to the order of the school 
committee." These two sections are exceedingl}' signifi- 
cant. The first prescribes who shall draw the orders, and 
the other what orders the town treasurer shall be bound to 
paj'. The 65th section of the school act gives an appeal 
from the decision of the school committee to the commis- 
sioner, whose decision is to be final. But the commissioner, 
by this section, has only authority to affirm or reverse the de- 
cisions of the town committee, but has no authority to draw 
orders ; and an}' orders drawn by him, are not obligatory 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 55 

upon the town treasurer. We think the proper course for 
him is to adjudicate upon the appeal, and certif}^ his deci- 
sion to the town committee, requesting them to draw the 
order required, and, if they refuse, a mandamus may be 
granted to compel them to draw the order. 
Weeden for defendant. 



DECISION No. 5. 
Case of scliool district number three, North Providence. 

1. Commissioner may rehear 3. School committee to draw an 

cases. order. 

2. Former decision confirmed. 

In the case of the appeal of the former trustees of said 
district from a vote of the school committee of the town, 
passed January 24, 1852, refusing to allow certain bills 
presented by said trustees. 

This case was stated and decided by the commissioner 
on March 23, 1852, and an order directed to the town 
treasurer of North Providence, for the payment of the 
bills. 

The Supreme Court subsequently decided that said order 
was illegal, and that the decision should have been certifi- 
ed to the school committee, for them to carry into effect. 

On the 5th of June, 1852, a notice was issued to the 
school committee to show cause why an order should not 
be made for them to carry into effect said decision ; and 
on the 12th of June, Messrs. Sissonand Willard, on behalf 
of said committee, appeared and asked for a further hear- 
ing in the case, which was allowed — the old trustees ob- 
jecting to the right to allow said rehearing. 

The committee contend that the certificate of Cole, though 
general in its form, was by their practice limited to a 



56 COMMON SCHOOL MANUAL. 

grammar school, and that this practice was generall}' un- 
derstood ; that the sub-committee had power to annul a 
certificate ; that their letter did annul it, and that the whole 
committee subsequently appproved it. 

The other facts, points of law and arguments, are fully 
stated in the lormer decision. 

On further consideration, I am of opinion that all the 
points of law before stated and decided were righth' decid- 
ed ; and further that the commissioner has a right to allow 
a rehearing for good cause, in his discretion ; but so much 
of said decision as allows the bill of Miss Smith, is recon- 
sidered and reversed, it not being in the power of the com- 
missioner to dispense with the teacher's having a legal cer- 
tificate. 

And so much of said decision as relates to the bill of 
said Cole, is herebj^ confirmed, and the school committee 
of said town are hereb}' requested to draw an order on the 
town treasurer of said town for the payment thereof, being 
forty-eight dollars and twelve cents, to said Cole — or in 
case of said former trustees having paid the same to said 
Cole, then to said trustees. 

E. R. Potter, Coonm'r of Public ScJiools. 

Richard W. Greene, C. J. Stip. Court. 
Approved, August 14, 1852. 

DECISION No. 6. 

Case of school district number seven, Burrillville. 

1. A district may rescind a vote 3. Costs of siiits in court against a 

ordering a tax and postpone district must be paitl by tlie 

tlie payment of it. district. 

2. A district may bon-o\v money 

and give a note. 

Ofjice of Commissioner of Public ScJiools, ) 
Providence, October 25, 1853. i 

In the case of the appeal Syria Sherman and others, from 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 57 

a vote of the school committee of Burrillville, passed Au- 
gust 23, 1853, approving of the tax of $1,450, voted by 
district No. 7, in said town, for building a school-house 
and other expenses. 

The question is presented whether a district having vot- 
ed a tax according to a particular town valuation, can re- 
scind the vote, postpone the pa^-ment, and hire the money 
upon a note of the district. 

I cannot see any objection to the right of a district to 
rescind a vote ordering a tax and postpone the payment of 
it. The object and effect may sometimes be to include 
propert}^ and persons afterwards coming into the district. 
Whoever comes into a school district becomes a sharer in 
all the advantages of the school and district property. If 
b}^ their coming, an addition to the school-house is made 
necessary, such new comers or new property do not pay 
the whole expense of such addition : the former inhabitants 
and property have also to pa}' a portion, and sharing in all 
the advantages of former taxation, it does not seem unrea- 
sonable tliat the new property should also share in the bur- 
dens. In the present case the school-house was probably 
built larger than would have been necessary if it had not 
been expected that there would be an addition to the pop- 
ulation of the district. 

Any creditor of the district who may be injured by such 
postponement has a remedy provided by law. 

As to giving notes, a district has the undoubted right to 
make contracts for certain purposes, upon which contracts 
they may be sued and the debt and interest recovered of 
them. A note given to such a contractor would be only 
additional evidence of his claim. And there seems to be 
no legal objection to the district hiring money of a third 
person to pay a just debt contracted for purposes author- 
ized by law. This has been the construction always put 
upon the law in practice, and it appears to me sound. 

An objection is also made to costs and attorney's fees. 



58 COMMON SCHOOL MANUAL. 

The costs of court in a suit decicled against the district 
must of course be paid by the district. And the reasona- 
ble charges of an attorney for defending the suit are proper 
to be allowed. But services rendered by an attorney to 
any person in contests with other persons in the district 
about district business must be paid for bj" the person for 
whom they are performed. 

Objection is also made to allowance of compound inter- 
est. This could not be recovered of the district at law, 
but I see no objection to the district's agreeing to pay it, 
and paying it if they see fit, as it would be in the power 
of the school committee to prevent an}' excess or abuse of 
the right. 

I therefore confirm the vote of the committee approving 
of said tax. 

E. R. Potter, Comm'r of Puhlic Schools. 



DECISION No. 7. 
Case of school district mimher three, NoHh Providencee. 

1. School committee may limit 2. School com^mittee cannot dele- 

their cei-tiflcates, hut general gate the powei- to annul a 

certificates must be constru- teacher's cei'tiflcate. 
ed to their plain purport. 

Office of Commissioner of Puhlic Schools, ) 
Providence, January 8, 1852. ( 

Appeal of Mowrj' Randall from certain votes of the school 
committee of the town of North Providence, October 16, 
1852, b}' which the bills of Anson II. Cole for keeping 
school in district No. 3, amounting to $122.50 ; Miss 
Hannah T. Smith's for $63 ; Miss Abby W. Thurber, for 
$31.50 were rejected. 

After several adjournments, the case was heard at the 
office of the commissioner of public schools, December 18, 
1852, the committee having been notified, and Messrs. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 59 

Sisson, chairman, and Willard, of the committee, being 
present. 

A part of the facts necessary to understand the case are 
stated in a former decision made March 23, 1842. 

Mr. Cole had a certificate, general in its terms, and af- 
ter the former decision continued to keep school in the 
same house, namel}^, the new or primary school house. 

The committee contended that the certificate of Cole, 
general in its terms, was by their practice limited to a 
grammar school, and that this practice was made known 
to the trustees by the sub-committee's letter of January 2, 
1852, if they had not known it before. 

On consideration I adhere to the decision formerl}^ made 
upon this point, that although the committee have the 
power to limit their certificates to particular schools, yet if 
they see fit to give a certificate of general qualification, it 
must be construed according to its plain purport, and to 
allow the written certificate to be contradicted or varied 
by an}^ understanding not expressed on the face of the cer- 
"tificate itself, would be a dangerous practice, leading to 
continual misunderstanding and litigation. 

But it is further contended that even if the certificate be 
a general one, and would allow Cole to keep in an}' gram- 
mar or primaiy school, that his certificate was annulled by 
the sub-committee's letter of January 2, 1852, and that if 
the sub-committee had not the power to annul it, the sub- 
sequent recognition of it b}' the committee annulled it. 

In the former case, it was decided that the sub-commit- 
tee had no authority to annul the certificate. 

It is contended that the true grammatical construction 
of section 14, of the school law, authorizes the committee 
to delegate to a sub-committee the power of annulling cer- 
tificates. 

The power of annulling certificates is an important one. 
It gives the committee a control over the teacher — it au- 
thorizes thtoi to pronounce a judgment against him for 



60 COMMON SCHOOL MANUAL. 

unfitness or misconduct, which may have the effect of ruin- 
ing him in his profession, and of injuring niateriall^y his 
prospects for general success in life. If the construction 
was doubtful, these considerations would incline me to lean 
against the right claimed for the committee to delegate this 
power. But the construction appears to me to be plainh', 
that the committee have not the right to delegate. 

And if the sub-committee had not the power to annul 
the certificate, the subsequent recognition of it b}' the com- 
mittee would not render it valid. 

In this view, it is not necessary to decide whether, if the 
sub-committee had the power claimed, their letter of Jan- 
uary 2, 1852, would have been sufficient to annul the 
teachers' certificates. 

Nor is it necessary to decide concerning Cole's former 
bill, as that has been settled since the appeal, and on the 
reconsideration which the committee ask, I cannot see 
any reason to change the opinions as to the law formerly 
expressed. 

It being admitted that Miss Smith kept school in the 
house to which her certificate limited her, and her bill be- 
ing rejected only on the ground that her certificate had 
been annulled at the same time and in the same manner as 
Mr, Cole's, this question is settled bj' the remarks already 
made. 

As it is stated by the committee that Miss Thurber's bill 
was postponed, not rejected, and that the certified copy pre- 
sented from the records is in that instance incorrect, (by 
mistake, however, not by design,) no decision is made in 
relation to her bill at present. 

The decision of the school committee of the town of 
North Providence respecting the aforesaid bills of Cole and 
Miss Smith, is hereby reversed and said bills allowed ; and 
the said committee are requested to carr}' the decision here- 
by made into effect, and to draw an order upon the town 
treasurer of said town in favor of Anson II. t^ole, for the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 61 

sum of one huadred and twenty-two dollars and fift}^ cents, 
and an order in fav^or of Miss Hannah T. Smith, for the 
sum of sixt3--three dollars, or in case the present or former 
trustees have paid either of said bills, then make the order 
for such bill, in favor of the person so paj'ing it. 

E. E. Potter, Comrn'r of Puhlic Schools. 



DECISION No. 8. 

Case of school district number three, North Providence. 

A town superintendent of public schools must be appointed by the vote 
of the town, or bj' the school committee authorized by vote of the 
town to apijoint. 

Mowiy Randall, of North Providence, former trustee 
of school district No. 3, appeals from a vote of the 
school committee of said town, passed Januaiy 15, 1853, 
rejecting the account of Miss Abby Thurber, amount- 
ing to $31.50, for keeping school in district No. 3, of said 
town. 

The school committee were dulj- notified, and after two 
postponements the case was heard before the commissioner 
of public schools at the state house in Providence, on the 
19th of March, 1853, the appellant and Messrs. Joseph T. 
Sisson, J H. Willard and J. Mowry, of the committee, be- 
ing present. 

It appears that Miss Thurber had a certificate, general 
in its form, and not limited to any particular school ; that 
(there being more than one school-house in the district,) 
she was notified by a sub-committee appointed by the school 
committee ; that her certificate was annulled as soon as she 
began to keep in the old school-house ; and that she did 
keep in said old school-house. 

The sub-committee was appointed by the following vote, 



62 COMMON SCHOOL MANUAL. 

passed October 18, 1852 : "Voted, that in the absence of 
the board, the chah-man and the secretary be severalh' au- 
thorized to order bills, approve taxes, school regulations, 
&c., for the several school districts, and transact all other 
business legally transferabl*' into their hands," a copj" of 
which vote is produced, certified bj^ J. H. Willard, clerk 
of said committee. 

Having decided in a case between the same parties, that 
the committee had no right to delegate the power to annul 
a certificate to a sub-committee, and that a recognition of 
it by the committee would not give validity to it, and hav- 
ing on request reconsidered the arguments, I see no rea- 
son for changing those opinions. 

But on the hearing in this case, a new point is made, 
namel}-, that the sub-committee who annulled the certificate 
was a superintendent of schools, with all the powers of the 
committee under section 7 of the school law, and of 
course had full power to annul the certificate. 

Section 7 of the school law is as follows : '.' Any 
town ma}' appoint or authorize its school committee to ap- 
point a superintendent of the schools of the town, to pei~ 
form, under the advice and direction of the committee, 
such duties and exercise such powers as the committee 
ma}' assign to him," &c. 

It appears that the town, in town meeting, June 3, 1850, 
" voted that the school committee be authorized to appoint 
an agent to visit the schools, at a compensation not ex- 
ceeding one hundred dollars, to be paid from the public 
school monej'," a cop}' of which is certified b}- the town 
clerk. 

There is no evidence on record of the appointment of 
any agent or superintendent by the committee, but the cer- 
tificate of the chairman (Joseph T. Sisson,) and clerk, 
(John H. Willard,) is oftered to prove that on the 18th of 
October, 1851, (the same day on which the vote before 
recited delegating power to the chairman and clerk was 



DECISIONS RELATING TO PUBLIC INSTKrCTION. 63 

passed,) the following vote, or a vote in substance as fol- 
lows, was also passed : "- Voted, that John H. Willard be su- 
perintendent of the public schools of the town for the cur- 
rent 3'ear, with the privilege to employ, if necessaiy, suit- 
able persons as substitutes, such services to be compensa- 
ted from the residue of the appropriation of one hundred 
dollars voted last 3'ear b}^ the town for such purpose." 

Evidence to correct or supply omissions in the records 
of school officers, I think maj^ propeiij' be admitted. In 
the case of clerks of districts, it seems absolutely neces- 
sary, as they are often unacquainted with the forms of do- 
ing bnsiness. In the case of a sehool committee, however, 
the presumption is stronger that they are competent men, 
and will be careful to see that their record is well kept. 
Yet even here great mischief might result from excluding 
all evidence other than the record. But it should be re- 
ceived with great caution, as after any considerable length 
of time, parties might not recollect it alike. 

That a vote not recorded was passed at the meeting, is 
confirmed by the printed report of the committee for that 
year, in which Mr. Willard is spoken of as having been ap- 
pointed agent at the preceding Octobier meeting, with 
power to provide substitutes. The term used throughout 
the report, however, is agent, and not superintendent. 

On this state of facts the Jirst question is, Did the vote 
of the town contemplate or authorize the committee to 
appoint a superintendent, such as is provided for b}' section 
7 of the law ? It seems plain" to me that it did not, but 
that it meant onl}^ to provide for the visiting the schools, 
an important duty, but often neglected. The law author- 
izing the appointment of a superintendent was not passed 
until after this vote of the town. 

As the committee must derive their authority from a vote 
of the town, it becomes unnecessary to notice further the 
proceedings of the committee. It may be proper, however, 
to observe, that the sub-committee who annulled the cer- 



64 COMMON SCHOOL MANUAL. 

tificate did not style himself superintendent, and that if he 
actuall}^ had been superintendent his proceedings would 
not have needed any coiiiiL-niition by the coininittee. 

A considerable part of the difficulty appears to have 
arisen from mistake of the law, from not distinguishing be- 
tween an agent to visit schools and a superintendent. If 
it was the intention of the town to authorize the committee 
to appoint a superintendent, and to delegate to him their 
whole powers, their vote should plainl}' say so. 

The decision of said committee, rejecting said bill, is 
therefore reversed, and said bill allowed, and said commit- 
tee are requested to carry this decision into effect, and to 
draw an order on the town treasurer of said town in favor 
of Miss Abby Thurber, for the sum of thirty-one dollars and 
fifty cents, or in case the present or former trustees, or 
either of them, have paid said bill, then to make the order 
for said bill in favor of the person so paying it. 

E- R. Potter, Comm'r of Public Schools. 

Providence, June 8, 1853. 

I approve of the above decision. 

R. W. Greene, CJuef Justice Supreme Court. 



DECISION No. 9. 

Case of school district number twelve, Burrillville. 

A vote of a school district to tax cannot be rescinded after a lawful 
contract has been made under it. 

In the case of the application of Stephen A. Salisbuiy, 
late trustee of school district No. 12, of Burrillville, 
for the assessment and collection of a tax upon said dis- 
trict. 

The parties were heard by the commissioner at a meet- 
ing at the district school house. May 24, 1853, called by 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 65 

notice issued by the commissioner, and posted up on the 
door of the school-house. 

It appears that at a district meeting legally notified and 
held on the 4th December, 1852, the district voted a tax 
of thirty-five dollars upon the property of the district in 
order to continue the district school three months, and the 
tax was subsequently approved by the committee of the 
town. 

The trustee emplo3'ed a teacher and commenced the 
school on the 13th December. 

January 4, 1853, several persons applied to the trus- 
tee to call a special meeting, and a notice was issued call- 
ing a meeting to be held Jan. 10. The meeting was applied 
for " for the purpose of considering the present tax, as there 
are persons taxed, who live and are taxed on the same pro- 
perty in another district ; also property in tin district not 
taxed." The notice also specified other objects, but no no- 
tice was given of any proposition to rescind the tax, nor did 
the request refer to any such intent, unless it is implied 
from the foregoing words. 

At this meeting the district voted to rescind the tax and 
to direct the trustee to discontinue the school as soon as the 
public money was expended. 

The trustee contends that he was authorized by the dis- 
trict to make the contract he did, and that the district had 
no right to rescind after the contract was made. 

Under the old school law, if a district made a contract 
or authorized one to be made, and then refused to provide 
the means of fulfilling it, a suit might have been brought 
against the district in the State courts and damages and 
cost recovered against the district. 

As this was expensive to both parties, the revised law, 
section 4G, has provided in addition to the remedy b}^ suit 
which still remains, that " if a district tax shall be voted, as- 
sessed, approved of, and a contract legally entered into un- 
der it, or such contract be legally entered into without such 



66 COMMON SCHOOL MANUAL. 

vote, assessment or approval, and said district shall there- 
after neglect or refuse to proceed and collect a tax, the 
corrimissioner of public schools, after notice and hearing 
the parties, may appoint assessors to assess a tax and is- 
sue a warrant to the collector of the district, or to a col- 
lector by him appointed, authorizing and requiring him to 
proceed and collect said tax." Under this section the pre- 
sent application is made. 

The fact of the tax being assessed, or of its having been 
approved hj the committee, would not take from the dis- 
trict the right to rescind it. The whole turns upon the ques- 
tion whether a contract was legally- entered into under the 
vote of the district, and I am of opinion that it was. The 
district, therefore, could not rescind it after the contract 
was made, without being liable to a suit for damages or to 
a process like that now applied for. 

It becomes, therefore, nnnecessarj- to decide whether the 
notice for the second meeting was sufficient to justify the 
district in rescinding the tax. 

As a general rule, it is not advisable for district officers 
to proceed in expending monej' or making a contract un- 
less they are satisfied that a majorit}' of the tax-pajers, 
absent as well as present, are fairl}' in favor of it. A mere 
accidental majority' occasioned hj absence of opponents is 
unsafe. And if a case should arise where district officers 
should undertake to avail themselves of such an accidental 
majorit}', and there should be any appearance of a design 
to anticipate or prevent a repeal of the tax b}' entering in- 
to a contract before there could be time for having another 
meeting, the commissioner of public schools would not lend 
the aid of his office to the enforcement of it, but would 
leave the parties to their action at law. 

In the present case, however, there is no evidence but 
that the trustee acted fairly and honestly. 

The proper process must therefore be issued for assess- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 67 

iiig and collecting the tax according to the before-men- 
tioned provisions of the law. 

E. R. Potter, Comm'r of Public ScJwoIs. 
ProA'idence, June 8, 1853. 
I approve of the above decision. 

R. W. Greene, Chief Justice Sup. Court. 
June 10, 1853. 



DECISION No. 10. 

Case of scJiool district number ten, North Kingstown. 

School-house may not he used for any purpose other than for husiness 
directly connected with puhlic education. 

In the case of the appeal of Isaac Hall, of school district 
No. 10, of the town of North Kingstown, from the pro- 
ceedings of the trustees of said district, in permitting the 
school-house in said district to be used for a debating so- 
ciet}' ; the said trustees having been notified and heard be- 
fore the commissioner at Wickford, on the 1st da}- of Feb- 
ruary, A. D. 1853. 

The case involves the right of the district or trustees, to 
use the school-house for other purposes than an ordinary 
school, and depends partlj- upon the provisions of the 
general school laws, and partly" upon the conditions of 
the deed of the lot upon which this particular school-house 
stands. 

The following remark upon this subject is made in sec- 
tion 121 of the notes to the school act : "A school-house, 
built or bought by taxation on the property of the district, 
should not be used for anj- other purpose than keeping a 
school, or for purposes directly connected with education, 
except b}^ the general consent of the tax-paying voters." 

The rule here laid down is believed to be substantially 
correct and sound. The district holds the property in trust 



68 COMMON SCHOOL MANUAL. 

for educational purposes. The money has been taken from 
the tax-paj^ers bj^ force of law for certain purposes, and for 
those onl}^, and cannot be applied by either district or trus- 
tee to any other use. 

I am of opinion that under the school law the house may- 
be used for educational purposes collateral to the main 
purpose, such as meetings of the district for school busi- 
ness, lectures upon literary or scientifie subjects, debating 
societies for the people or children of the district, &c. It 
vaaj not be easy in all cases to draw the line between legal 
and illegal cases, but it would be perfectl}^ clear that the 
district could not use the house for trade or religious meet- 
ings if any person objected to it. 

The question then arises, whether the deed in the pres- 
ent case varies the rights of parties from what they would 
be if the deed contained no conditions. 

By the deed from Joseph Case and others, dated Octo- 
ber 11, 1848, the school-house lot is conveyed to th(^ dis- 
trict " for the purpose of maintaining thereon a district 
school-bouse and appurtenances, for the benefit of the dis- 
trict school of said district, and for no other use or pur- 
pose whatever, except religious meetings," and it is pro- 
vided, " that when said lot of land shall cease to be occu- 
pied for the purposes of a distr'ct school aforesaid, the 
same shall revert to the grantors, their heirs and assigns 
forever." 

The exception in regard to religious meetings ma}' be 
left out of consideration in the present case. It cannot 
affect it in any waj'. If the district have no right to relig- 
ious meetings there, independent of the deed, the deed can- 
not give it to them. And if the district would have such 
a right otherwise it maj- admit of question whether a pro- 
vision in a deed would deprive them of it. 

Leaving out of consideration the words, " except relig- 
ious meetings," the remainder of the first passage quoted 
from the deed, appears to me, on the maturest reflection, 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 69 

to express no more and no less than the school law accord- 
ing to the construction herein given to it, would have ex- 
pressed without the deed ; the provision in the deed is ex- 
actl}^ in the spirit of the law, and neither adds to nor lessens 
the rights and powers of the district or trustees. 

If the first passage quoted from the deed does not vary 
the rights of the district, from what thej^ would be, if there 
was no such provision in the deed, the latter proviso ap- 
pears for the same reason to contain no limitation as to 
the use of the house, which would prevent its being used 
for the purposes for which I have said the law, apart from 
the deed, would authorize. 

E. R. Potter, Coram' r of Public Schools. 

I have carefully considered of the above opinion and ap- 
prove of the same. I have also consulted with Judges Haile 
and Bray ton, who concur with me in opinion. 

R. W. Greene, Chief Justice Supreme Court. 
March 4, 1853. 



DECISION No. 11. 

Case of Appeal from School Committee of North Kings- 
toivn. 

Scholars cannot be compelled to make flres for school-bouses. 

The regulation No. 26, adopted by the school commit- 
tee October 25, 1852, is in these words : " The trustee or 
trustees of each district, with the teacher, may cause the 
fires to be made in the school-house, by directing the 
scholars of a suitable age, to take turns in making the fires, 
or procure them to be made in anj- other way the}^ may 
think proper." 

In a private school the teacher has a right to prescribe his 
own terms. The parent who sends children to the school 



70 COMMON SCHOOL MANUAL. 

delegates to the teacher the right to govern them accord- 
ing to his own rules, and to punish to a reasonable extent 
for the violation of them. The remedy of the parent, if he 
does n')t like the school or its regulations, is in not send- 
ing to it. 

Before the establishment of a public school system, all 
our schools were of this character. The practice of requir- 
ing the scholars to perform services of this sort, was gene- 
rally adopted in the country schools, and in manj' of them 
has continued to this day It remains to inquire what al- 
teration the establishing of public schools bj'' law, support- 
ed by the common funds and property' of the State, has 
made in the rights of the parties in this respect. 

To a public school every parent has a legal right to send 
his children. He sends them subject to the lawful author- 
ity of the teacher, and to the lawful regulations which may 
be prescribed for the disc.pline and studies of the school, 
but he has a right to insist that no regulations be made 
which the law does not authorize. 

The right claimed, if it exists at all, must be derived from 
the general power of the committee to make regulations, 
or from the authority given to districts and trustees to make 
assessments on scholars and their parents. (Sec. 59.) The 
latter, however, it is xevy evident, contemplates only as- 
sessments to be paid in money and not labor. 

The power of the committee to make regulations is given 
by section 16, which authorizes them, " to make and cause 
to be put up in each school house, or furnished to each teach- 
er, a general s^'stem of rules and regulations for the admis- 
sion and attendance of pupils, the classification, studies, 
books, discipline, and method of instruction in the public 
schools." 

It seems to me verj^ plain that the power to make a regu- 
lation of the character of the one in question is not given 
in this paragraph. We might as well infer a right to re- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 71 

quire the scholars to cut and saw the wood. And as I can 
find no other authority for it in the law, it must be con- 
sidered as unauthorized by law, and accordingly null and 
void. 

The practical difficulty in the case ma}' be easil}^ obvia- 
ted b}' a voluntar}' arrangement on the part of thepai-ents, 
or b}^ making a small addition to the money assessments, 
and paying some person for attending to it under the direc- 
tion of the teacher. 

E. R. Potter, Comm'r of Public Schools. 

Providence, R. I., Jan. 1, 1853. 



DECISION No. 12. 

Case of scJiool district number Jive, Little Compton. 

A trustee of a School District can only be removed cluring his terra of 
office for cause. 

Office of Commissioner of Public ScJiools, ) 
Providence, May 21, 1853. / 

From the best consideration I have been able to give to 
the subject, I am of opinion that a district having once le- 
gally made an election of any of the officers required by law 
to be elected, would have no right to rescind- it. 

The case would be different, however, with persons who 
were merely appointed by the district as a committee for 
some particular purpose. Over such cases the district would 
have complete control, and might remove such agents at 
pleasure. 

A trustee once elected and accepting could only be re- 
moved for good cause and after notice and hearing. The 
contrary doctrine would lead to continual contests and con- 
fusion. 

Very respectfully yours, 

Elisha R. Potter. 



72 COMMON SCHOOL MANUAL. 

DECISION No. 13. 

Case of school district number three, North Providence. 

1. A person who has the legal qual- 3. The power to divide a district 

iflcalions may vote in district lies with the school commit- 

meetings, even though his tee. 

name is not on the town vot- 4. A district should not make a con- 
ing list. tract to huildtill a lot has been 

2. A district has no right to build secured. 

on a lot till it has a legal title 
to that lot. 

Office of Commissioner of Public Schools, ) 
Providence, October 30, 1854. / 

In the case of the appeal of Stephen Randall and others, 
from a vote of the school committee of North Providence, 
relating to the location of a school house in District No. 3, 
in said town, and from all the proceedings of said disti'ict 
in relation to a new school-house : 

A hearing was appointed for October 10, 1854, and the 
clerk of the school committee and the clerk of the district 
notified thereof, and the hearing was then adjourned to 
October 14, 1854, when parties appeared and were heard 
for and against said appeal. 

It appears that on June 26th, a district meeting was 
held, duly notified, when the district voted to build a new 
house, and procure a site for it, and also to raise up the 
"West River school-house. At an adjourned meeting, July 
5th, a tax was voted " suflScient but not to exceed the sum 
of $5,000 for the following purposes," viz. : to build the 
new house, to raise the West River house, to paj' the 
debts of the district ; and a committee was appointed to 
build " and otherwise do all such business required in the 
past sections of the warrant." At an adjourned meeting, 
Juljr 17th, Eliza Angell having offered to give a lot to the 
district for a house " so long as it ma^- be used for educa- 
tional and religious purposes," a vote of thanks was pass- 
ed. On Jul}' 31st, the district approved the plans of the 
house. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 73 

It appears that the committee made a contract for build- 
ing on August 7th. 

Application being made to the committee to approve the 
tax and plans, a meeting was held August 7th, and on Au- 
gust 28th, the committee approved of the tax, and also 
approved " the plan for school-house to be erected in dis- 
trict No. 3, a little south-east of the Wenscott House." 

It appears from a certificate from Eliza Angell, that she 
could only convey the lot on the same condition on which 
her brother had conveyed the old lot on which a house had 
been built by subscription, viz. : for a public school-house, 
" and also as a place of public worship," and it was admit- 
ted that no deed had been made and the district had ac- 
quired no title to said lot. 

It appears also from the statement and admissions of 
the parties, that a meeting duly notified was held August 
17th, to reconsider all action relating to building the house, 
&c. At this meeting a motion was made to rescind the 
former proceedings, and, as declared by the moderator, the 
vote stood 22 to 22, and the motion was declared rejected. 
It is admitted that five who voted for rescinding, and five 
who voted against it, had no right to vote. It is contend- 
ed that Asa M. Allen, who voted for rescinding, had no 
right to vote. He was a resident and owned real estate, 
and according to previous decisions he had a right to vote 
without his name being on the town registry. A certifi- 
cate is produced from the assessors to show that Charles 
Leonard and Crawford Martin, two who voted against re- 
scinding, are not tax^d for real or personal property. Of 
course, not being liable to pay a portion of the tax, their 
votes should have been rejected. The vote, therefore, stands 
seventeen for rescinding and sixteen against rescinding, 
and the votes for building, &c., were legally rescinded. 
4 



74 COMMON SCHOOL MANUAL, 

This of course disposes of all questions relating to build- 
ing, but the following points were made and argued, and 
therefore, to prevent further agitation, I give my opinion 
upon them. 

I am of opinion that a district has no right to build up- 
on a lot until they have acquired a legal title to it, either 
by lease, deed, or by taking it by process of law. And in 
the latter case, either the time for appeal to the Common 
Pleas should have elapsed or the appeal have been decided. 
The latter caution is necessary because the jury on appeal 
have a right to alter the location or wholly reverse all the 
proceedings. 

It has been previously decided that a district has no 
right to take a deed of a house for religious purposes. 

If the question of the propriety of dividing the district 
be proposed in district meeting, registry voters have a 
right to vote, because it merely amounts to an expression 
of opinion, and the whole power to divide rests with the 
school committee to whom the vote of the district is a mere 
recommendation to be weighed according to its deserts. 
And registry voters can by law vote upon all questions ex- 
cept taxing or expending money. 

The proceedings of the district, and also of the commit- 
tee in regard to the location, are not quite definite, but it 
is not necessary to consider them particularly. 

It was also contended that the location must be made, 
a lot legally procured, and the plans approved before a 
contract can be legally made to build. In the present case 
the contract was made first. The question is a most im- 
portant one, because, if a district proceeds before these 
things are done, it would often lead to a wasteful expendi- 
ture of the district's money if the lot was not procured or 
the proceedings approved of, and also because innocent par- 
ties who contract to build may sufl[er in consequence. In 
regard to claims of contractors against building commit- 



DECISIONS RELATING TO PUBLIC INSTKUCTION. 75 

tees or districts, those cases must of course be decided by 
the courts of law ; but I think it is the duty of the school 
committees and school commissioner to guard against a 
wasteful expenditure of money bj' a district majority in all 
cases where they can do it, and it may frequently be in 
the power of the commissioner to do it on appeal. And it 
seems to me plain, (without undertaking to decide how in- 
nocent third parties may be affected by their acts,) that nei- 
ther the district nor its officers have any right to make a 
contract until the lot is fixed and procured and the plans 
approved of. 

The appeal was also made from all doings of the 
committee in relation to dividing the district ; but I do 
not see any thing upon which the commissioner can act. 
The committee merely decided that the district had not 
asked to be divided. They did not reject the application. 
Any individual has a right to petition the committee for 
a division, and it would be matter of discretion in the com- 
mittee to adopt or reject it. 

E. R. Potter, Comm'r of Public Schools. ' 



DECISION No. 14. 

Case of scJiool district number three, North Providence. 

1. Qualiflcation ©f voters in dis- 2. Residence of voters, 
trict meetings. 

Ofjice of Commissioner of Public Schools, ) 
Providence, December 23, 1854. ) 

In the case of the appeal of Edward Finigin and Lewis 
E. Heaton, from a decision of the school committee of 
North Providence, by which their votes were excluded from 
the list of persons, who voted in a district meeting held in 



76 COMMON SCHOOL MANUAL, 

District No. 3, town of North Providence, on the 17th of 
August, 1854 : 

A hearing was appointed for December 9, 1854 ; parties 
were notified thereof and appeared, and were heard for and 
against said appeal — and the case is as follows : 

Several meetings, duly notified or adjourned, had been 
held in said district previous to August 17, 1854, at one 
of which it was voted to raise $5,000 for building a new 
school-house, raising one of the old houses, and paying the 
debts of the district. At another, it was voted to accept 
a lot oflTered on certain conditions by Eliza Angell, and to 
approve plans, &c., for the school-house. A meeting was 
subsequently held, after due notice, on August 17, 1854, 
to reconsider all previous action relating to the building, 
&c. At this meeting Walter Sharod presided ; and a mo- 
tion was made to rescind the former proceedings, and, as 
declared b}^ the moderator, the vote stood twent5'-two to 
twenty-two, and the motion was declared lost. No voting 
list being present, and there arising some doubt as to the 
legal qualifications of several who voted or claimed to vote, 
it was agreed by the moderator, and the parties at the 
meeting, to submit the list of the voters to the school com- 
mittee of the town for examination and correction. The 
next daj', therefore, this list was submitted to the commit- 
tee, who, after examining and comparing the names of those 
who voted, as certified to them by the clerk of the district, 
with the town voting list, and strilring ofi" the names of those 
deemed not legally qualified — six who voted to rescind 
and six who voted not to rescind — declared that the vote 
on " the motion to rescind" stood j^eas sixteen, nays six- 
teen, and that it was lost. Among those struck ofi' or not 
counted, were Asa M. Allen, who voted to rescind, and Ed- 
ward Finigin and Lewis Heaton, who voted against rescind- 
ing. Mr. Potter, the late commissioner of public schools, de- 
cided that the vote of A. M. Allen was legal, and should be 



DECISIONS RELATING TO PUBLIC INSTRUCTION, 77 

counted in the affirmative, and that the votes of C. S. Leon- 
ard^ and C. Martin, which had been counted in the nega- 
tive, were not legal, and should not have been counted ; 
and the result of his decision is, that there were seventeen 
votes in the affirmative, and sixteen in the negative. The 
question, therefore, turns upon the legality ol the votes of 
Finigin and Heaton, which had been struck off by the 
school committee, and were not examined by Mr, Pot- 
ter. 

It appears in CYidence that Finigin is a naturalized citi- 
zen, and a resident in said district ; that he has owned real 
estate sufficient to qualify him to vote since September 4, 
1850 ; that his naturalization papers are dated March 4, 
1851, and that he is taxable in the town, and is liable to 
be taxed in the district for the house in which he lives. It 
Was contended that, his name not being on the town vot- 
ing list, he could not, for this reason, be allowed to vote 
in district meetings. The qualifications for voting in dis- 
trict meetings are identical with those for voting in town 
meetings, with the same proviso as to voting upon any 
question of taxation, (See act relating to public schools, 
sec. 32.) But the restriction which forbids the moderator 
to receive the vote of any one whose name is not on the 
voting list, (see act relating to elections, sec. 26,) is not 
contained in the school laws, as a restriction to voting in 
district meetings, A moderator is therefore bound to 
receive and count the vote of a person who is a citizen and 
"a holder of real estate in a district, whenever he has resid- 
ed in it a sufficient length of time, even if his name is not 
on the voting list. Such is the opinion of the late commis- 
sioner of public schools, as expressed in his comments on 
the school law at paragraph 113, and also in his decision 
dated October 30, 1854, given on the case of Asa M. Al- 
len, who claimed a right to have his vote restored, after it 
had been annulled by this same decision of the school com- 
mittee. 



78 COMMON SCHOOL BIANUAL. 

In the case of Heaton, it is testified, that he became of 
age on the 28th of December, 1853, that he holds un- 
divided real estate to a sufficient amount to qualify' him to 
Tote, and that he is a resident in said district. It is ob- 
jected that, prior to August 17, 1854, he removed into 
Massachusetts, and thus lost his citizenship in Rhode Is- 
land. In opposition to this, it was jDroved that he went 
into Massachusetts for a merely temporary purpose, and 
that he never intended to change his abode, and that his 
estate, his business, and his real home, remained in Rhode 
Island. It appears to me that the principles which ought 
to govern in deciding questions of domicil or residence, as 
laid down by Judge Story in his Conflict of Laws, and 
quoted in Appendix No. 9, to the Report of the Commis- 
sioner of Public Schools for 1854, would render Heaton, 
still a citizen and a voter in district meetings in Rhode 
Island, since his intention of only temporary removal seems 
plain. 

It is, therefore, my opinion that the votes of Finigin and 
Heaton, ought to be counted as against said motion to re- 
scind. The vote will then stand seventeen aj'es, eighteen 
na}' s ; and the motion is lost. The several votes of the 
district relating to building are therefore still unrescinded, 
and of the same force and validit}' as if such motion had 
not been made. 

No other points were made or argued in the case of this 
appeal, though I ma}^ add, there are several suggestions in 
the decision of the late commissioner, given October 30, 
1854, which appear to me highly just, and deserving of the 
careful consideration of all concerned. 

Robert Allyn, Comvi'v of Public Schools. 

Approved. 

Geo. a. Bkayton, Justice of the Supreme Court. 

December 30, 1854. 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 79 

DECISION No. 15. 

Case of Layton E. Seamans, a teacher dismissed by the 
School Committee of Coventry. 

1. A teacher having a county cer- 2, A teacher, having been dismiss- 
tiflcate conntersigned may be ed, can not draw teachers' mo- 

dismissed by school committee ney . 

for cause. 

In case of the appeal of Jason J. Potter, trustee of 
school district No. 5, of the town of Coventry, from a vote 
of the school committee of said town, whereby they refus- 
ed to grant an order to pay the wages of Layton E. Seamans 
for teaching in said district ; a hearing was appointed and 
took place April 21, 1855, in the village of Washington, in 
said Coventry, and the parties were heard. The following 
is a statement of the facts in the case as they appeared in 
evidence, namely : 

It appears that the aforenamed Layton E. Seamans, ap- 
plied, in October or November, 1854, to this school com- 
mittee for examination as a teacher of a public school, and 
if that examination should be satisfactory, for a teacher's 
certificate of qualifications, to teach the winter school in 
the above-named District No. 5. The committee, however, 
as they had a legal right, and as they thought, upon their 
oaths they were bound to do, refused to examine him as 
to his literary qualifications, on the ground that they con- 
sidered his moral qualifications insuflflcient for the require- 
ments of the law. Mr. Seamans then succeeded in obtain- 
ing a county certificate from John H. Willard, Esq., a coun- 
ty inspector in Providence county, and also obtained the 
counter signature of the commissioner of public schools ; 
both of these gentlemen supposing that no objections had 
ever been made to Seamans' moral character. "With this 
certificate thus countersigned, Mr. Seamans entered the 
school in district No. 5, Coventry, as a teacher. He gave 
no notice of beginning to the school committee, neither did 



80 COMMON SCHOOL MANUAL. 

he in any way conform, or show a disposition to conform, 
to the rules of the said committee for the government or 
instruction of the schools of their town. 

On the 26th of January, 1855, the committee formally 
dismissed him from his school, on account, as thej^ al- 
leged, of his having fraudulently^ procured the above-named 
county certificate, and non-compliance with their regula- 
tions, 

Mr. Seamans, however, continued his school to the close 
of his term, when the school committee granted him an or- 
der for the money to pay his wages for the time previous 
to January 26th, 1855, and refused to grant an oi'der for 
the time subsequent. It was from this refusal that the ap- 
peal was taken. 

The commissioner is of opinion that the vote of the 
school committee, by which Mr. Seamans was dismissed, 
was a legal and proper vote, and in accordance with the Slth 
section of the act relating to public schools, which gives to 
a school committee the power to dismiss a teacher, by 
whomsoever examined, for just cause. The cause which 
they alleged appears to be a just and sufficient one. They 
had after this dismissal no right, according to the 21st sec- 
tion of the act above referred to, to grant an}' order to 
Mr. Seamans for services performed as a school teacher in 
any of the schools of the town, subsequent to the time 
when he was informed of the act of the school committee 
by which he was dismissed. The vote of the school com- 
mittee is therefore affli-med. 

Given under my hand at the office of Commissioner of 
Public Schools, in Providence, this 26th day of April, 
1855. 

Robert ALlyn, Comm'r of Public Schools. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 81 

DECISION No. 16. 

Case of Emor Smith v. School Committee of Smitlifield. 

Annulment of teacher's certificate. 

Decision of commissioner of public scbools in case of ap- 
peal of E. Smith, from a vote of the school committee of 
Smithfield, annulling the certificate of Smith as teacher in 
said town. 

The vote from which this appeal is taken was passed by 
the school committee on the 29th day of January, 1855, and 
the appeal was received on the 3d day of Februaiy, 1855. 
Notice was given to the parties that the hearing would take 
place on the 10th of February, and on that day the case 
was opened and the testimony in part heard. The hear- 
ing was then continued from time to time b}^ consent and 
agreement of parties, and finished on the 14th of July, 
1855. 

The facts necessary to a full understanding of the case, 
as they appeared in testimon}', are briefly these : — Some 
time in November, 1854, Emor Smith, of Glocester, was 
hired by Samuel Clarke, Esq., trustee of the twenty- 
first district, in Smithfield, to teach the winter school 
in that district ; and the bargain was, as is required by 
law, conditioned on Smith's obtaining a certificate of 
qualification from the school committee of the town. Smith 
called on Harvey Holmes, Esq., clerk of the school com- 
mittee, to be examined, and not finding him at home, be- 
gan his school on Monday, December 11, under a certificate 
given him the previous 3'ear, and still wanting a week of 
its time of expiration. On Friday, December 15, Holmes, 
in company with Dr. H. W. King, chairman of the com- 
mittee, in compliance with the provision of the school law 
requiring the committee to visit each school within two 
weeks of its commencement, called upon Mr. Smith, in his 



82 COMMON SCHOOL MANUAL. 

school, and found it in very great disorder. They were 
dissatisfied, according to their own testimon}' and that of 
Mr. Smith and scholars, with the ventilation of the room, 
with the mode of instruction and government, and with the 
general bearing and manner of the teacher. On Saturday, 
the 16th, the old certificate having expired, Mr. Smith call- 
ed on Mr. Holmes and was examined, and finall}' obtained 
a certificate of qualifications, to be good for one 3'ear, un- 
less sooner annulled. At the time of giving this certifi- 
cate, doubts were expressed by Holmes in regard to Smith's 
ability to bring the school into order and properly to in- 
struct it ; and it was finallj^ concluded to give him the op- 
portunity of four weeks" trial, at which time Holmes was 
again to visit the school. According!}", on the 12th of Jan- 
uary, 1855, Holmes visited the school again, and not find- 
ing any perceptible improvement, immediatel}^ sent a note 
to the trustee of the district, stating that he had annulled 
Smith's certificate. But no notice of the annulment ap- 
pears to have been sent to Smith at all. Another teacher, 
however, was hired by the trustee. Smith appealed to 
the commissioner of public schools, and a partial hear- 
ing took place on the 27th of January ; and on the 31st, the 
committee failing to appear, the act of Holmes was decid- 
ed to be void, since in fact no annulment had been made, 
nothing but a notice having been sent to the trustee that 
such annulment was made. 

The school committee of Smithfield, however, met on the 
29th of Januar}', and by a unanimous vote proceeded to 
annul the certificate of said Smith, given him by Harvej'' 
Holmes, and dated December 16, 1854, " for deficiencj' and 
want of qualification." It is from this vote that the appeal 
is taken, and in reference to this that the following decisions 
are made. 

The first point made by the Hon. J. M. Blake, counsel 
for Smith, was that the decision reversing the act of Holmes, 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 83 

made on the 31st of January, necessarily was conclusive in 
this, and reversed it also. That, however, was clearly an 
illegal act done by a single member of the committee, to 
whom no such power to annul was ever delegated, — in fact, 
there is no evidence to show that Holmes ever wrote an 
annulment. He undoubtedly supposed that he had annul- 
led the certificate of Smith, but the contraiy is clear ; and 
therefore, the committee were at libert}' to take original 
action in the case. It is their act that is to be examined 
on its own merits. And this can only be justified where it 
is shown that the circumstances of the case actually called 
for this course on their part. 

A second point made for the appellant was, that he had 
no notice of the intention of the committee to annul his cer- 
tificate, and therefore he had no opportunity for trial and 
defence. It is believed, on this point, that the conversa- 
tion which passed between him and the examiner was noti- 
fication enough that he was to have four weeks for trial 
and practical demonstration of his ability to teach and to 
govern in the school-room. And this is a better form and 
mode of trial than can be had elsewhere. It is therefore de- 
cided that such a trial is sufficient, especially as the teacher 
always has an appeal, where it can be examined whether 
the trial in the school was fair and sufficient. 

The points made b}^ A. Meggett, Esq., council for the 
committee, were two. 

1. That Smith was not qualified in literar^-.attainments, 
for the office of teacher ; and, 

2. That he failed to comply with the regulations for the 
schools of Smithfield made b^^ the school committee, and 
that he failed to impart instruction and to govern in a pro- 
per manner his school. 

On the fii'st of these points, the commissioner does not 
feel bound to go back of the certificate of the committee. 
They, or their clerk, gave him a certificate in proper form. 



84 COMMON SCHOOL MANUAL. • 

under their oath, after due examiuation and consideration 
of the circumstances. It must, therefore, be held that he 
was qualified, at least to make trial of his skill in the school- 
room. 

The case, then, must turn wholly on the questions, whether 
or not Smith did comply with the regulations of the school 
committee, and whether he did reall}'^ properly instruct and 
govern his school. The testimony on this point was large 
in amount and conflicting in character. But these facts 
appear clearl}- to be proved by the testimou}- of the school 
committee, the affidavits of two visitors, b^' the statement 
of Smith himself, and b^' the affidavits of scholars. That 
there was a great amount of noise and confusion in the 
school-room ; that scholars Avere allowed to whisper ; that 
the room was not well ventilated, and that the modes of pun- 
ishment were not proper ; all of which were in direct vio- 
lation of the regulations for schools, posted by the com- 
mittee on the wall of the school-room ; and further, that 
Smith himself was boisterous and rough in his manner, 
and not onlj' neglected to give information and assistance 
to his scholars when asked, but that he allowed the schol- 
ars to miscall or mispronounce words in their reading les- 
sons without correction ; and, in general, that the scholars 
did not improve, and were nearly losing their time and 
making a waste of the public money. 

These being the facts in the case, as appears to the com- 
missioner of public schools, it seems to him that the school 
committee of Smithfield onl}' discharged the duty imposed 
upon them b}' the law and b}' their oath of office, and their 
act of annulling the certificate of the said Smith ought to 
be sustained. And said act is accordingly hereb}' affirm- 
ed ; and the cei'tificate of qualification as teacher in the 
common or public schools of Smithfield, given b}' Har- 
ve^^ Holmes, clerk of the school committee of said town, 
to Emor Smith, of Glocester, and dated December 16, 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 85 

1854, is declared to be annulled from and after January 
29, 1855. 

Given under my hand, at the office of Commissioner of 
Public Schools, this 24th day of August, 1855. 

EoBERT Allyn, Comm'r of Public ScJiools. 

This decision was, by request of the parties, submitted 
to Chief Justice Staples, and on September 26, (Wednes- 
day,) the annexed note was received from him, and at his 
request is appended. . R- ^^ 

Bobert Allyn, Comm'r of Public Schools, 

Dear Sir, — I have attentively examined your decision 
in the appeal of Emor Smith against the school committee 
of Smithfield. 

As a general rule, a teacher ought to have an opportu- 
nity to be heard before his certificate of qualifications is 
annulled. Such a certificate confers on him the right to 
be employed as a teacher of a public school. The annul- 
ling of it takes from him that right. When, therefore, pro- 
ceedings are commenced with a view to this result, he 
ought to have notice to appear to show cause against it. 

His want of success in teaching or governing a particu- 
lar school may be a sufficient reason for annulling the cer- 
tificate of a teacher, if it arise solely from his deficiency. 
But it ought not to be taken for granted that the teacher 
can neither explain nor excuse nor justify such apparent 
want of success. It would seem but common justice to 
allow him an opportunity to do so. 

Upon the facts contained in your report and decision, I 
see no reason to disapprove of it, made as it was after no- 
tice to Smith, and after hearing all that he had to offer in 
denial, excuse or justification of the facts alleged against 
him. Veiy respectfully j'our ob't srv't, 

W. R. Staples, Chief Justice Sup. Court. 
Wednesday morning. 



86 COMIMCON SCHOOL MANUAL. 

DECISION No. 17. 
Petition of Emor Smith for rehearing. 

Rehearing not possible after approval by a judge of the Supreme Court. 

Offi.ce of Commissioner of Public Schools, ) 
Providence, October 18, 1856. ) 

Opinion in the matter of the petition of Emor Smith for 
a rehearing of the decision of the commissioner of public 
schools, on his appeal from the school committe of Smith- 
field. 

Upon reading and considering this motion and petition 
for a rehearing, it appearing that the matter of said ap- 
peal had been decided b}- me as commissioner of public 
schools, and that a statement of facts, at the request of 
the petitioner Smith, was by me laid before Hon. William 
R. Staples, late Chief Justice of the Supreme Court, and 
was by him approved, — all which facts are recited in said 
petition, — I hereby decide to dismiss this motion and peti- 
tion for reconsideration of said decision, upon the ground 
that the approval of the decision in said appeal b}' Judge 
Staples being made by law final, I have no power or juris- 
diction to rehear or reconsider the same. 

Given under my hand the above day, Oct. 18, 1856. 
Robert Allyn, Gomm'r of Public Schools. 



OPINION of his honor CHIEF JUSTICE AMES. 
Jurisdiction and duties of the Commissioner of Public Schools. 

In the matter of the decision of the commissioner of 
public schools in case of the appeal of Emor Smith 
from a vote of the school committee of Smithfield, annul- 
ling; the certificate of said Smith as a teacher in said town. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 87 

This is a motion or petition for a reconsideration by the 
commissioner and the judge of the above decision, on the 
ground that the decision of the commissioner reported to 
the Hon. William R. Staples, late Chief Justice of the Su- 
preme Court, on the 24th day of August, 1855, and ap- 
proved on the 26th day of September, 1855, is not valid 
and binding, because the commissioner did not report a 
statement of the facts as the^^ were sworn to or admitted, 
but instead thereof reported as facts his own conclusions 
upon the testimony ; it appearing from the petition of said 
Smith that " he insists that there can be no final or bind- 
ing decision, until a statement of the evidence shall be 
made to the judge," for reasons by him in his petition set 
forth. 

The 65th section of the "act to revise and amend the laws 
regulating public schools," provides "that the commis- 
sioner ma}^ (and if requested on the hearing of either party 
shall) lay l statement of the facts of the-case before some 
one of the judges of the Supreme Court, whose approval of 
such decision shall be final." If, then, in the matter of this 
decision, upon such request, a statement of the facts of this 
case, in the sense of the statute, has been laid before one 
of the judges of the Supreme Court, and the decision of the 
commissioner has been by him approved, this " approval" 
is, by the very words of the statute, made final, irrespec- 
tive of the merits of the decision approved. The " appeal," 
in other words, in the civil law sense of the term, and as 
it is used in our statutes, that is, a rehearing of the whole 
cause, matter of fact as well as law, after it has been de- 
cided by a competent tribunal ; is expressly given b}^ the 
first words of the section of the school act above referred 
to, to the commissioner ; and the section provides that his 
decision upon such appeal shall be final, if the commission- 
er, upon the request of either part}^, shall " lay a statement 
of the facts of the case" before one of the judges of the 
Supreme Court, and he shall approve the decision. The 



88 COMMON SCHOOL MANUAL. 

purpose of this last provision was, undoubtedly, to give to 
the commissioner and the parties the aid of such a judic- 
ial officer in matters of law, and to secure, as far as con- 
veniently practicable, b}' an uniform construction of the 
act, an uniform system of legislation upon so important 
and interesting a subject as the discipline and government 
of our public schools. 

., The document annexed, entitled " Decision of com- 
missioner of public schools in case of appeal of E. Smith 
from a vote of the school committee of Smithfield annul- 
ling the certificate of Smith as teacher in said town," sign- 
ed bj^ Robert All3'n, commissioner of public schools, with 
Judge Staples' note to the commissioner subjoined, approv- 
ing of tue commissioner's decision, w^ith the original peti- 
tion of Emor Smith to Rev. Robert Allyn, commissioner 
of public schools : " In the matter of Emor Smith's appeal 
from the school committee of Smithfield, embracing forty- 
one pages, together with the decision of the said Robert 
Allyn hereunto prefixed, dismissing this motion or petition 
for reconsideration for want of jurisdiction, have been laid 
before me, according to the request contained in said pe- 
tition, by the said Robert Allyn as commissioner, for my 
approval, and I do hereb}^ approve of his dismissal of said 
motion or petition, on the ground that he has no jurisdiction 
to entertain the same." 

The document entitled "Decision, &c.," is, in my judg- 
ment, " a statement of facts" hy the commissioner in the 
sense of the 65th section of the school act, although it is 
not, as it is averred by the petitioner that it is not, a state- 
ment of the testimony or evidence b}' means of which the 
commissioner ascertained the facts which he states in 
it. "A statement of facts" from testimony or evidence 
must, from its very nature, be the conclusions of the offi- 
cer entitled to make it, from the testimony or evidence 
which he has heard ; and the distinction between such a 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 89 

statement and a statement of the evidence or testimony 
upon which it is based, is too well settled in legal practice 
and parlance to require illustration. Whether the conclu- 
sions drawn from the evidence or testimony hy the com- 
missioner were legitimate or not, is a matter which the law 
does not, in my judgment, confide to the judge, but solely 
to the commissioner, who alone hears the appeal, listens to 
the witnesses, examines the evidence, and arrives at the con- 
clusion of what are " the facts of the case." No power, no 
means, are, in my judgment, given, to the judge to examine 
into these facts. It is the dut} of the commissioner, under 
the law, to decide what the facts are, and to lay a statement 
of them before the judge, with his decision upon them, and 
the sole office and jurisdiction of the judge is, upon such 
statement, to approve or disapprove the decision of the com- 
missioner. This is not only plain from the words of the act, 
but is to be inferred from the nature of the facts to be 
ascertained, the good or ill discipline of schools, the fitness 
or unfitness of teachers to instruct or discipline scholars, 
and the like facts, peculiarly fitted to be ascertained from 
evidence by the commissioner, but which the judge would or- 
dinarily have no such peculiar qualifications to ascertain. 

The jurisdiction of courts and 'judicial officers over visi- 
tors of collegiate or academic bodies, whether at the com- 
mon law, or as measured out by statutes, is ordinarily of 
the most limited character, both in England and in this 
country, and for the \erj reason, that, beside the fact 
that the visitor is presumed to be selected by the founder 
or the State as best fitted to judge in matters of collegiate 
or academic discipline, his power is, as said by Lord Mans- 
field in the celebrated case of The King v. The Bishop of 
El}^, (1 Wm. Blacks. Rep. 82,) " certainly very convenient 
for these learned bodies. It is forum domesticum, calcu- 
lated to determine sine strepitu all disputes that arise with- 
in themselves ; and the exercise of it is in no instance 



90 COMMON SCHOOL MANUAL. 

more convenient than in that of elections. If the learning, 
morals or proprietary qnalifications of students "were de- 
terminable at common law, and subject to the same__re- 
views as in legal actions, there would be the utmost con- 
fusion and uncertainty ; while he who has the right may 
possibl}' be kept out of the profits of what is in itself but a 
temporary subsistence." 

Accordingly, upon subjects within his jurisdiction, it is 
the well settled doctrine of the general law in England 
that the sentence of a visitor is final and conclusive ; nor 
can the King's Court, in any form of proceeding, either 
directly or collaterally, review the sentence. ,The action 
of the courts in such cases is confined to inhibiting him 
from proceeding bej'ond his jurisdiction, taking care, where 
the general matter is within his jurisdiction, not to antici- 
pate his own judgment as to his jurisdiction to do the partic- 
ular act which he is called upon to perform. It has even 
been held, that, where a visitor has actually executed a sen- 
tence of expulsion, though he ma.j appear to have exceeded 
his jurisdiction, a mandamus will not lie to restore the party 
expelled ; for that would be to command a visitor to re- 
verse his own sentence. See Angell and Ames on Corpo- 
rations, 5th ed., sec. 693, pages 750, 751, and cases cited. 
And where, as is. sometimes the case in this country, power 
is given b}' charter or legislative act over the sentence of 
visitors, it will be found to be confined to matters of law — 
such as, Have the}' acted contrary to the statutes of the 
foundation, or. Have they exceeded the limits of their juris- 
diction ? As an instance, see Murdock's Appeal, 7 Pick. 
320, 321. 

The jurisdiction of the school commissioner under the. 
public school act, b}^ waj^ of appeal from the decisions or 
doings of school committees, district meetings, trustees, 
and county inspectors, is, looking to the subject, nature 
and manner of its exercise, rather a visitatorial power, 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 91 

than that of an ordinarj' legal tribunal, — and the power of 
the judge of the Supreme Court in the matter of such an 
appeal is limited, precisely as might have been anticipated 
from the universal course in such cases, — to the mere ap- 
proval of the decision of the commissioner upon his state- 
ment of the facts. 

It being admitted by the petitioner in his said petition 
that the decision and statement of facts of the commis- 
sioner in the matter of this appeal was laid by the commis- 
sioner before Chief Justice Staples on the 24th of August, 
1855, and that the said decision was, by said Chief Jus- 
tice Staples, then one of the judges of the Supreme Court, 
approved, — and it appearing to me that the statement of 
facts submitted to said judge, was such a statement of 
facts as is required by the statutes, and that his approval 
thereupon of the decision of the commissioner is final, — I 
therefore approve the decision of the commissioner that 
this motion or petition for reconsideration must be by him 
dismissed for want of any jurisdiction in him alone or in 
him conjointly with a judge of the Supreme Court, to re- 
hear or reconsider the decision so approved. 

After such a decision and approval made, neither the 
commissioner nor Judge Staples, if the latter were still in 
office, could rehear or reconsider the matter of the same, 
no matter how erroneous such decision and approval might 
be. Much less can the commissioner, with another judge 
of the Supreme Court, or subject to approval of such judge, 
whether then in office or succeeding to the office of Judge 
Staples, reconsider and rejudge his approval. 

Samuel Ames, 
Chief Justice Supreme Court of R. J., &c. 

Providence, October 20, 1856. 



92 COMMON SCHOOL MANUAL. 



DECISION No. 18. 

Questions by John H. Cross, Esq., of school distinct number 
one, Westerly. 

1. Tax may be voted, but cannot 3. Every district meeting has a 

be collected without the ap- right to adopt its own rules 

proval of the school commit- of order, and the moderator 

tee. can only vote as other voters 

2. Rate bills approved by the do. 

school committee will remain 
in force till specially repealed. 

Office of Commissioner of Public Schools, ) 
Providence, June 22, 1855. } 

No. 1. "Is a district authorized to lay or collect a 
tax without the approval of the school committee ?" 

Answer. I think a district ma}^ vote to " lay" or 
levy a tax, — indeed, as the district must fii'st act, it is ne- 
cessar}^ that they shall so vote, before the school commit- 
tee can approve. The district cannot collect a tax which 
has not been approved by the school committee. But Mr. 
Potter has decided, in case of District No. 14, Smithfield, 
and his decision was approved bj^ Judge Greene, that "al- 
though it is prudent to procure a tax to be approved by 
the school committee before an}^ legal poceedings are had 
under the vote, yet it is sufficient if the tax be approved be- 
fore the warrant is issued to collect it." Your second 
query is similar to this, and my replj' to that will finish 
this point. 

No. 2. " Has any vote of a tax bj^ a district any legal 
force, until approved by the school committee ?" 

Answer. I think not, so far as the law is to be used in 
collecting it. But it may be said to have legal force in a 
certain sense before the school committee approve or dis- 
approve. The collector cannot have legal authorit}- to col- 
lect it till approved, and hence it cannot be a tax in the 
full legal sense without the approval of the school com- 
mittee. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 98 

No. 3. " If a district has voted to support its 
schools, by rate bills or tuition fees, and has fixed the 
rates within the limits prescribed by the school law, 
and the school committee has approved the vote and the 
rates, and if said district should afterwards vote to sup- 
port the schools entirely by a tax upon the ratable proper- 
ty of the district, would not the former vote continue in 
force until the latter shall be approved by the school com- 
mittee ?" 

Answer. In case of a district which had established a 
rate bill which had been approved by the school commit- 
tee and did not repeal this rate bill at the time of voting 
to support its schools by tax, I am of opinion that the ap- 
proved rate bills would remain in force in case the com- 
mittee should disapprove of the tax on the propertj^, and I 
think they could be legally collected. In case the district 
had voted to abolish the rate bills, that vote would of 
course hold good without the approval of the school com- 
mittee. The only point of doubt is as to whether a vote 
to support schools by a tax on property necessarily repeals 
a rate bill before the school committee approves. I ought 
not to decide this very difficult matter without argument 
heard in the specific case. But I incline to think that it 
does not so repeal a rate bill until the committee approve, 
after that approval of course the rate bill is repealed. 

No. 4. " Has not a district which has adopted no spe- 
cial rules of order, the legal right to reconsider a vote 
passed at any previous meeting, whether adjourned or dis- 
solved, and will not its action directly upon the reconsid- 
ered vote be valid ?" 

Answer. Our school law makes every district a cor- 
porate and not a legislative body. It ma}^, therefore, 
adopt its own rules of order. And the law is not very 
particular as to any prescribed forms. Every motion or 



94 COMMON SCHOOL MANUAL. 

eveiy point of order raised in a district meeting would be 
debatable, and I think from a little reading that all points 
of order should be settled hy vote. The law gives to the 
moderator of a district meeting no authority to decide 
points of order, nor to give a casting vote. He can only- 
vote on the same cojiditiohs as the other citizens of the 
district vote. This point of order, then, must be decided 
b}^ vote, and all such votes, however unparliamentary in 
legislative bodies, would, I think, be valid. 
Yours, &c., 
Robert Allyn, CommW of Public Schools. 



DECISION No. 19. 

Case of Johnson and Card vs. School Committee of West 
Greenwich. 

A teacher without a certificate of qualification cannot draw public 
money. 

Office of Commissioner of Public Schools, ) 
Providence, April 21, 1855. ) 

In case of the appeal of Ezekiel T. Johnson and George 
L. Card, teachers of public schools in lYest Greenwich, 
from a vote of the school committee of said town, b}' which 
vote the said committee refused to grant them orders for 
their wages in consequence of their, the said Johnson and 
Card, not having been examined, the commissioner of pub- 
lic schools is of opinion that the vote of said school com- 
mittee was in strict accordance with the letter of the school 
law, and said vote is hereby affirmed. 

Robert Allyn, Comm'r of Public Schools. 



DECISIONS EELATINQ TO PUBLIC INSTRUCTION. 95 

DECISION No. 20. 
Case of school district number eight, North Providence. 

Commissioner cannot compel trustees to grant a warrant for the col- 
lection of a tax, and must not interfere to perform their duties. 

Decision upon the petition of sundry tax-payers in 
School District No. 8, North Providence, asking for the 
collection of balance of tax levied in said district. 

The case presented is as follows : A tax was voted No- 
vember 21, 1852, for building a school-house in school dis- 
trict No. 8, of North Providence. It was also voted to borrow 
the money with which to build, and the amount to pay, both 
principal and interest, was ordered to be assessed upon the 
ratable property of the district according to the next town 
valuation. The money was borrowed, the tax assessed 
and partly collected ; and the commissioner is now asked 
to appoint a collector and to issue a warrant to collect the 
balance. 

The hearing was appointed for September 3d, and was 
then adjourned to the 6th, at which time Messrs. Hayes 
and Jenckes appeared as counsel for George M. Richmond, 
a tax-paj^er in said district opposed to the granting the pe- 
tition, and raised a question of jurisdiction, and moved 
that the petition be dismissed because the commissioner 
had not power to grant the relief prayed for. The point 
was argued by Ha^-es and Jenckes, for the objectors, and 
J. H. Willard, for the petitioners. 

After consideration, the commissioner submits the fol- 
lowing as his decision on the question of jurisdiction : 

It is seriously doubted whether, under the fort3-sixth 
section of the school law, — the section cited as giving all 
the authority over the ease, — the commissioner has power 
to order and enforce the collection of the balance of a tax 
legally voted, approved, assessed, and partly collected by a 



96 COMMON SCHOOL MANUAL. 

district under the rightful authority of their trustees. The 
case contemplated by that section appears to be one in 
"which there is no power in the district to collect taxes and 
thus satisfy any just claims which creditors may have 
against it ; and not one in which the power has already 
been exercised to a certain extent, and the officers of the 
district are simply indisposed to proceed. The petition 
does not allege any errors in the assessment nor an}'' want 
of power to collect, but only asks the commissioner to per- 
form a duty legally devolving upon their officers, but very 
repugnant to their feelings ; or, in other words, it is but 
asking one officer of the State to undertake a duty where 
his authority is at least doubtful, and discharge it for an- 
other where the latter's power is far more clear. 

Besides, it seems that according to the sixty-sixth sec- 
tion of the school law, the trustees of the district have a 
right to presume that the tax was a legal one, and that it 
is, therefore, properly and lawfully due, inasmuch as there 
appears to have been no exception taken to the vote by 
which it was ordered, nor to the act by which it was as- 
sessed. 

It is a principle which must govern the commissioner, 
that he will not encroach upon the powers, prerogatives, or 
duties of any officer below him elected b}' the people them- 
selves. And as the trustees of the district were elected 
for this very purpose of collecting all lawful taxes, and as 
they have ample powers and securities, the petition is there- 
fore dismissed. 

Robert Allyn, Comm'r of Public Schools. 

Office of Commissioner of Public Schools, ) 
Providence, Sept. 10, 1855. ) 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 97 



DECISION No. 21. 

Case of John H. Willard vs. Trustees of school district 
number two, North Providence. 

The legal scliool year begins May 1st, annually. 

Decision in case of the appeal of John H. Willard from 
a decision of the trustees of school district No. 2, in the 
town of North Providence. 

This case was heard by the commissioner of public 
schools at his office in Providence, on the loth of Septem- 
ber, and is as follows : 

It appears that the appellant, John H. Willard, has been 
employed for several years as principal of the grammar 
school department kept in school district No. 2, of the 
town of North Providence. For the last two years, his 
salary has been, at first, fifty dollars per month, then fifty- 
five, and at last sixty, if there should be a remainder of 
the public or " teachers' money" sufficient to paj- him that 
amount, after paying the other teachers in the district ; 
and on this salary last named of sixty dollars per month, 
he was teaching at the time of the last annual meeting, 
held on the 29th of May, 1855. At this annual meeting 
the election of trustees for the ensuing year was made, and 
Jesse S. Thornton, Amos M. Read and Andrew Almy 
were chosen. They entered upon the duties of their office. 
Mr. Willard continued in the school as teacher, and receiv- 
ed, under the authority of these trustees, two months wages, 
at sixty dollars per month. At the close of these two months 
the summer term of the school ended, and there was a va- 
cation till the first or second Monday in September. Dur- 
ing this vacation, and about a week before its close, and 
the beginning of the fall term, the trustees, through Mr. 
Almy, one of their number, informed Mr. Willard that they 
5 



98 COMMON SCHOOL MANUAL. 

had decided to reduce his salaiy from sixt}- to fifty dollars 
per month, or in the event of his not accepting that price, 
to dismiss him from his place as teacher in their school. 
It is from this decision of the trustees that the appeal is 
taken. 

The facts were all substantially agreed to by the parties ; 
that Mr. Willard's saUuy had been raised as above stated 
from fifty to sixtj- dollars, parti}' in consideration of the 
fact that the funds of the district had been sufficient, and 
because of the increased cost of living, and partly, also in 
consideration of a long time of " good and faithful ser- 
vices" in the school ; that the teachers employed in the 
school had been hired with no definite stipulations as to 
the time of their continuance in school, but with a general 
mutual understanding that the_y were to continue through- 
out the 3'ear, and longer, if neither part}^ gave notice to 
dissolve the connection ; and that the teachers now engag- 
ed in the school had been employed for several terms, — one 
for several j'ears, — during which time nothing had been 
said, neither at the beginning nor end of the school terms, 
about a new engagement, but that the}' entei'ed upon new 
terms as though the}^ were emploj-ed permanentl}*. 

The trustees, b}' themselves and Mr. J. T. Sisson, urged 
.n justification of their course, that the funds of the dis- 
trict properly denominated " teachers' mone}'," were insuf- 
ficient to pa}^ more than fift}' dollars per month to the 
principal of the grammar department ; that they have al- 
ways reckoned their school year to begin in September, 
at the beginning of the fall term, and that of course the 
contracts with their teachers were all, at that time, sub- 
ject to renewal, modification, or termination ; and that the}^ 
have such control of the affairs of the school that the}' can 
in general dismiss a teacher or make a change in the 
amount of his salary' at their own pleasure. 

On the other hand it was contended b}- Mr. Willard that 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 99 

the amount of money apportioned to this district hj the 
school committee of the town, and called " teachers' mo- 
ney," was amply sufficient to pay him nearly sixt}" dollars 
per month, and that the agreement with the trustees was 
such that they would be compelled to pay him only 
so much as might be in their treasury" if it should fall 
short of the sixty ; and in evidence of this the account book 
of the school committee was introduced, which showed one 
thousand three hundred and forty dollars and fortj'-eight 
cents ($1,340.48) standing to the credit of the district, while 
the monthly expenses for teachers' wages and board — reck- 
oning Willard's at sixt}' — would be one hundred and thirty- 
one ($131,) and this for ten and one-half months (10 1-2,) 
would be one thousand three hundred and sevcnt3'-five dol- 
lars ($1,375.) (This estimate and calculation will be the 
same at whatever time the j-ear is made to commence.) 
On this point he also suggested that, by the school law and 
according to a rule of the committee, any unexpended bal- 
ance remaining to the credit of the district at the end of 
the school 3'ear must be divided among the other districts 
of the town. He also contended that the legal school j'ear 
terminated and commenced at the time of the annual meet- 
ing in April or Ma}^, according to the statute creating dis- 
tricts to be corporations, with strictl}' defined and limited 
powers, and that therefore as he had received, under the 
authorit}' and by the order of these trustees, two months 
pay of the present year ; that he was now engaged under 
a virtual renewal of the contract of the j'ear, which con- 
tract could only be changed b}^ mutual consent of parties, 
or for cause, according to the school law. 

The commissioner is of opinion that the money subject 
to the trustees' order is ver}^ nearly sufficient to pay the 
amount of sixty dollars as named in the agTeement be- 
tween Mr Willard and the trustees of last year, but he 
must say that he thinks this question should have no in 



100 COMMON SCHOOL MANUAL. 

fluence whatever upon the final decision. And besides that, 
at the proper time of the j'ear, and under the approbation 
of the school committee, the trustees hare unlimited au- 
thority to employ a teacher at whatever Avages the}' please. 
If they employ at ver}^ high wages, they may, under the 
approval of the committee, collect limited rate bills ; 
or, by a vote of the district, they may assess and collect a 
tax to defray the extra expense. If they employ' at cheap 
wages, the unexpended balance of their appropriation must 
be divided among the other districts. And if trustees 
choose to use only a part of their share of the " teachers' 
money," for their own district, and leave the remainder to 
other districts, thereby' providing an inferior school for 
their own children and a better one for their neighbors, no 
power is known to prevent, provided the}' do it at the pro- 
per time. At such times as trustees may lawfully hire 
teachers for their schools, they may hire as cheaply as 
they can, provided the school committee will approbate 
those hired. It may not alwa^'s be enlightened polic}' to 
employ at as small wages as possible, but under the circum- 
stances just named, there is no remedy. 

In reference to the time when the legal schools-ear com- 
mences, there can be but one opinion. In absence of any 
vote of the district prescribing the time at which the teach- 
ers' contracts shall terminate, and in the absence of an}' 
written or specific agi-eement between the trustees and 
teachers as to this time of terminating the contracts, and 
in such districts as have established permanent or yearly 
schools with fixed terms and vacations, the legal school year 
must be settled by the statute. Section 21 of the act re- 
lating to public schools, makes it necessary for a district 
to keep a school not less than four months at some time 
during the year ending on Ihe first of May, in order that it 
may be entitled to draw its portion of the " teachers' mo- 
ney" for the year thereafter ensuing ; the commissioner is 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 101 

required by section 2, annually in May to apportion tlie 
money annually paid out of the general treasury for pub- 
lic schools among the several towns, according to law, and 
his office annually expires on the second Tuesday of that 
month. Section 20 enacts, among other things, that the 
school committee '' shall apportion as early as practicable 
in each year, among the districts, the money received from 
the State ;" and section 21 further provides "that at the 
end of the school year any money which shall remain un- 
expended may be divided by the committee among the 
districts the following year :" and finally, section 26 makes 
it the imperative duty of a district to hold its annual meet- 
ing near this time, namely, in April or May. From all this 
and from the fact that the returns of the districts to 
the shool ccommittees and from the committees to the 
commissioner are made to this date, and the school dis- 
trict officers are elected for the j'ear ending at their annual 
meeting, and expire then, unless continued by special stat- 
ute, the commissioner must decide that the legal school 
year begins on the first of May, annually, or by section 26, 
in cases there provided for, at the time of the annual dis- 
trict meeting, and in the absence of all proof of any spe- 
cific vote of the district, or of any specific agreement be- 
tween the trustees and Mr. Willard, that the contract for 
salary was from the time of the annual meeting held on 
May 29th, 1855 ; and that the pavraentof two months sal- 
ary after that time was a a virtual renewal of the agree- 
ment for another year, and should so be held in common 
justice and honest}^, unless, for reasons good and sufficient, 
the school committee of the town should dismiss him, 
as the}^ have a right to do under the 56th section of the 
school law. 

As to the general power claimed by the trustees to re- 
duce a teacher's wages, or, in the alternative, to dismiss 
him from their school, and that on a very brief notice, it 



102 COMMON SCHOOL MANUAL. 

should be remarked, that the school law manifestly intends 
that the State shall have some charge of all the schools 
which it in part supports. It therefore very properly forbids 
trustees to hire as teachers persons who do not possess cer- 
tain moral and literar}^ qualifications, — and even those 
who possess these in an undoubted degree, unless they hold 
or can obtain a certificate in the required form and signed 
by the proper authorities. The law aims to prevent trus- 
tees from retaining a teacher who neglects his dut^^, and 
provides that the school committee ma}^ dismiss such an 
one. It also evidently contemplates making the office of 
teacher one of dignity and permanence, for the certificate has 
an existence of from one to three 3'ears according to the 
signature it bears. All these guards seem to be reared in 
order to prevent the trustees of a school district from do- 
ing two things which would necessarily tend to destroy or 
degrade their school ; from emplo3'ing the immoral or in- 
competent, and thus poisoning or stinting the morals and 
the minds of the children, and from hastily dismissing the 
worthy teacher by reason of any private or personal pique, 
or in consequence of some temporary excitement. And 
as the State furnishes a portion of the money which sup- 
ports the public school of ever}' district, and gives that 
district all the right it has to exist, and to collect taxes 
for the further support of its schools, it is but proper that 
it should step in by its officers and prevent the trustees from 
injuring the school, or from suddenly' discharging or re- 
ducing the compensation of a teacher against whom no 
deficiencies are alleged. It is b'lieved that such powers 
as are claimed would materiall}' injare an}^ school, and 
that under the school law they are not conferred upon the 
trustees. 

The commissioner of public schools, therefore, declares 
that tlie aforenamed decision of the trustees is reversed, 
and he affirms Mr. AVillard's right to teach as principal of 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 103 

the gi'ammar department of the school in District No. 2, 
of North Providence, at the same salary- yjer montti as he 
has liad for the first two months of the cnrrent 3-ear. 

Given at the office of Commissioner of Public Schools, 
in Providence, this 22d da^^ of September, 1855. 

Robert Allyn, Comm'r of Public Schools. 



DECISION No. 22. 

Case of Edward S . Wilkinsony guardian^ in appeal from 
tax in district number 07ie, North Providence. 

1. Imperfection of a district clerk's 3. The assessment of a tax will be 

record does not render invalid legal if it is clear to wlioni and 

a tax properly voted. on what property it is assessed. 

2. Commissioner" will not decide 4. Taxes must be assessed to a ward 

that a vote to assess by per- in the district wliere the said 

centage is illegal. ward actually resides. 

This case was heard at the office of the commissioner of 
public schools, on the first day of April, 1856, and the 
facts, as submitted in evidence, and agreed to b}' the par- 
ties, are as follows, namely : 

Edward S. Wilkinson, the appellant, a citizen of North 
Providence, and a resident in School District No. 2, in that 
town, is guardian of Nathan Lazelle, a minor. The said 
minor has, since his father's decease, boarded in the fam- 
ily of a lady whose residence was for several years in the 
same district. No. 2, with Mr. "Wilkinson. More than a 
year ago, she removed within the limits of School District, 
No. 1, and the said Nathan still continued to board with her 
in her new residence. The family- of this lad}^ is admitted to 
have been the usual home of this minor, although he has 
for several months during each of several years been ab- 
sent in other places attending schools for purposes of edu- 
cation. 



104 COMMON SCHOOL MANUAL. 

On the 8th da}- of October, 1855, the trustees of School 
District No. 1, above named, Hiram Cleveland, M. D., 
Olne}' Arnold, Esq., and A. R. Franklin, Esq., by printed 
notice posted up, called a special meeting of the legal vot- 
ers of the district, to be held on the 12th of that month, 
for the purpose of voting a tax to pa}^ the debts of the dis- 
trict, and doing anj- other lawful business. This meeting 
was accordingly^ held on the above named 12th of October, 
and a vote was passed levying a tax of twenty cents on 
the hundred dollars, for the purpose above specified in the 
warrant calling the meeting. 

This tax was assessed by the trustees before mentioned, 
and b}' the town assessor, as is provided in the act relat- 
ing to public schools. As the trustees found Nathan La- 
zelle, a minor, boarding, and, as the}' supposed, residing 
within the bounds of their district. No. 1, and possessing 
personal property, they assessed a portion of this tax to 
him — putting it upon the district tax-book, as it was upon 
the town tax- book, to " Edward S. Wilkinson for Nathan 
Lazelle." 

It is from this vote of this district, at the said special 
meeting, b}*^ which this tax was ordered to be assessed and 
collected, and also from the act of the trustees in assessing 
that tax, that the appeal is taken. And it is alleged that 
the records of the district clerk are imperfect, and do not 
show that the said meeting was legall}- notified, nor that 
the resolution ordering the tax specified the purpose for 
which the tax was levied ; and that the act regulating the 
assessing and collecting taxes requires that a vote to tax 
shall specify the sum to be levied, while this only specifies the 
rate or the per cent. ; and further, that a tax could not lawful- 
ly' be collected of Mr. Wilkinson for Lazelle, unless it speci- 
f}' the relation, whether guardian, trustee, or otherwise, 
of said Wilkinson to said Lazelle ; that said minor could 
be taxed only where his guardian resided ; and finally, 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 105 

that taxes had been paid for the said minor in Wilkinson's 
own district, No. 2. 

On the other hand, it was sliown by proof that the imper- 
fection above alluded to, was in the records alone, and not 
in the proceedings of the meeting, that the notice was le- 
gal, and that the resolutions and votes were in proper 
and legal form — if the mode of levying by percentage 
instead of b}' specific sum alone be excepted ; and that 
the tax was assessed to " E. S. Wilkinson for N. La- 
zelle," as had been previously and commonly done by 
the town. 

Upon these facts, and after considering the arguments of 
the parties, and after advising with Judge Bray ton, of the 
Supreme Court, the commissioner is of opinion that the 
imperfection of the records of the clerk will not affect the 
legality' of the tax. The proceedings, so far as the notice 
of the meeting and the form of the resolution are concern- 
ed, were undoubtedly legal and proper. As to the mode of 
levying the tax by percentage instead of by specific sum, 
the commissioner is not aware that this is contrary to the 
school law\ It is evident that the school committee might 
approve a specific sum after the tax had been assessed by 
the trustees ; and as there is no evidence to show that the 
committee did not approve some specific sum, it must 
be held that the failure to vote a specific sum, does not 
render the whole tax invalid. Also in reference to the as- 
sessment of the tax to Edward S. Wilkinson for Nathan 
Lazelle, instead of to Edward S. Wilkinson, guardian for 
Nathan Lazelle, since it was shown that this had been the 
mode of assessing taxes on the said Nathan's personal pro- 
pert}^ in the town of North Providence, and since it was 
not shown that the said Wilkinson had ever experienced 
any difficulty in the settlement of his accounts with the 
said Nathan's inheritance before the court of probate, the 
commissioner does not deem it to be proper for him to in- 



106 COMMON SCHOOL MANUAL. 

terfere, and solelj- on this account decree a forfeiture of 
the tax on the part of the district. This is a matter of 
technical law and he does not therefore attempt to settle 
the meaning and usage of that law. It is deemed just and 
best that in this case, this tax should follow and be paid 
as other taxes have been paid. 

As to the question of residence, there is no testimony to 
show that this ward, Nathan Lazelle, was ever at any time 
considered, either by himself, b}' his guardian, or by oth- 
ers, a member of his guardian's family' ; but on the con- 
trary there is much to induce the inference that he has al- 
ways considered his home with the lady in whose house 
and family- he was boarding at the time the tax was as- 
sessed. Such being the case, the said Lazelle should be 
regarded as a member of her familj' ; and if he continued 
to board with her in her changed location, he would be 
liable to taxation for his personal property in the school 
district where she resided. 

The act of the trustees is, therefore, sustained, and the 
tax against Edward S. Wilkinson, for Nathan Lazelle, is 
hereb}' affirmed. 

Given at the office of commissioner of public schools, 
this 15th day of June, 1856. 

RoBEET Allyn, Comm'r of Public Schools. 



DECISION No. 23. 
Case of school district number eight, West Greenwich. 

District trustees must act as a board. 

MEETINGS OF TRUSTEES OF SCHOOL DISTRICTS AND THEIE 
DUTIES. 

Decision in case of appeal of Greene and Wood, citizens 
and trustees of District No. 9, West Greenwich. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 107 

An appeal was sent to the commissioner of public 
schools, signed b}^ Caleb Greene and Jonathan N. Wood, 
from West Greenwich, and received at the office on the 
loth of November, 1855, appealing from the action of Jo- 
seph Nichols, Esq., a trustee of School District No. 9, in 
said West Greenwich, who in connection with the citizens 
of said district, hired a teacher for the winter school of 
said district. 

The facts on which this appeal is based, as the}- appear- 
ed in evidence taken at the trial, which was held in the 
school-house in School District No. 9, on the 21st of No- 
vember, 1855, are as follows: Joseph Nichols, one of the 
three trustees of said district, made a contract with La}-- 
ton E. Seamans, of Coventry-, on the 11th da}- of October, 
1855, under the following circumstances : Instead of call- 
ing a meeting of the three trustees, he called a meeting of 
the citizens of the district at the school-house, and laid be- 
fore them the terms of the contract which it was proposed 
to make with Seamans. It appears that there was at this 
meeting a discussion as to the probability- of Seamans being 
able to draw the public money on account of his State 
certificate having been annulled ; and after the discussion 
it was ver}^ generally agreed— only one man decidedly ob- 
jecting—to hire Mr. S. on the proposed terms. Several, 
however, expressed doubt, but conckided to make no ob- 
jection, and among these was Jonathan N. Wood, another 
trustee of the district, who thus gave at least a qualified 
assent to the arrangement. The other trustee, Caleb 
Greene, was not present at the meeting. It also appears 
that this meeting of the voters of the district was not call- 
ed legally, but only informally, and that th« trustees were 
not notified to meet as trustees. 

The question is as to the legality of a contract thus 
made. 

And here it is proper so say that immediately after the 



108 COMMON SCHOOL MANUAL. 

trial a mutual arrangement was made between the appellants 
and Mr. Nichols, by which the school was to go on, and a 
new contract was made according to the terms of the law 
by the trustees, so that the question is now only purely 
abstract, and relates solelj^ to the proper mode of calling 
meetings of trustees of school districts, and to the method 
of conducting business in these meetings. 

The commissioner, therefore, decides that a district, at a 
meeting of its voters, has no power to hire a teacher even 
if the meeting is legally called, and such an item is insert- 
ed in the warrant. In sections 33-36, inclusive, of the act 
relating to public schools, which enumerate the powers of 
districts, no mention is made of the " power to employ " 
teachers ; but, on the contrary, section 40, speciall}' con- 
fers upon the trustees that power, and it is made " their 
duty " "to employ one or more qualified teachers for ev- 
ery fifty scholars in average daily attendance," It is, there- 
fore, the plain dut^- of the trustees to emplo}" all teach- 
ers, and a meeting of the voters of a district could only be 
advisor^-. 

As to the mode in which the trustees shall discharge 
their duty, it ought to be a rule never to be departed from, 
that when the district appoints three trustees, as it maj-, the 
three should meet and confer upon all questions relating to 
their official dut}'. Many of their duties are deliberative, 
and, therefore, cannot be delegated to, or assumed by, 
any one of their number ; such as malving contracts with 
teachers, or for repairs or fuel, preparing tax lists and rate 
bills ; and these things, of course, require a meeting of the 
three, or at least of a majority after due notice given to 
the absent minority. And it is highly improper, that any 
single one should, in any duty not strictly ministerial and 
prescribed to him by vote of the body at a meeting, act 
with the expectation that his colleagues will ratify what he 
shall have done. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 109 

The mode of notifj-ing meetings of trustees is not spe- 
cified by law, and is therefore left to be a matter of com- 
mon agreement among them. Generally, as they are near 
each other, a verbal notice from the chairman, will be suffic- 
ient. 

Given under my hand, at the office of the commissioner 
of public schools, in Providence, this, 20th da}^ of February, 
1856. 

Robert Allyn, Comm'r of Public Schools. 

June 16, 1856. 

Approved. Geo. A. Brayton, 

Associate Justice of the Supreme Court. 



DECISION No. 24. 

Case of school district number three, North Providence. 

All business of special meetings of school districts must be specified 
in the notice of the meeting. 

Decision in the case of Walter Sherrod and William E. 
Dodge, on appeal from vote of School District No. 3, of 
North Providence. 

This appeal was from a vote of a special meeting of Dis- 
trict No. 3, North Providence, held on February 15, 1856, 
at which time Philip B. Stiness, Jr., was elected trustee of 
said district, in place of John Trainer, who had previously 
sent in a letter resigning his office. The hearing was 
appointed for February 28, at 12, m., at the office of the 
commissioner of public schools ; at which time and place 
the parties appeared before the commissioner, and the fol- 
lowing are the facts in the history of the case, as they were 
proved or admitted by the parties, viz. : 

At the annual meeting of the district, held May 31, 1855, 
Walter Sherrod, William E. Dodge, and John Trainer 



110 COMMON SCHOOL MANUAL. 

were elected trustees of the district for one year. Some 
time during the month of September, 1855, Trainer, in 
writing, communicated to the clerlv of the district, liis resig- 
nation of the office of trustee. On the 1st day of Februar3-, 
1856, a notice, signed only b}' Sherrod and Dodge, the two 
acting trustees, was put in the proper places, calling "a spe- 
cial meeting" of the legal voters of the said district, (No. 
3,) at the school-house, on Wednesday, the 6 th daj^ of Feb- 
ruary, at 7, P.M., "To receive the new school-house, or- 
der bills, and do any other business that may lawful!}- come 
before said meeting." The meeting was accordingly held? 
and after other business had been done as named in the 
notice, inquiry' was made respecting a rumored resignation 
of Trainer. The clerk presented such a letter. A motion 
was then made to accept the resignation, and it was imme- 
diatelj' concluded to postpone taking the question on that 
motion to the adjourned meeting, which was ordered bj' vote 
to be on the 15th of February-, at 7 p. m. 

At the fixed time the adjourned meeting took place. 
This was a continuation of the former meeting held under 
the same warrant, for the same purposes and for none 
other. At this meeting it was voted to accept the resig- 
nation of Trainer, and immediately- thereupon it was voted 
to proceed to fill the vacancy so caused. Philip B. Stiness, 
Jr., and Joseph Healey were nominated, a ballot was taken, 
and, after counting, the moderator declared Stiness elected, 
he having a majority of all the votes cast. 

It is from the vote thus declared that the appeal is taken, 
and it is claimed that the school law imperatively requires 
that the business of ever}- special meeting shall be named in 
the warrant by which it is called ; wherefore, the commis- 
sioner is asked to declare the election of Stiness null and 
void, and he is requested to lay a statement of the facts 
and of his decision before one of the judges of the Supreme 
Court for his approval. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. Ill 

The commissioner is of opinion that such an election 
cannot be considered valid. Section 29, of the school law, 
enacts, that notice of the time, place, and object^ of every 
special meeting shall be given for five days inclusive, be- 
fore the holding of the same. The notice put up on the 1st 
for a meeting to be held on the 6th, contained no specifi- 
cation concerning the election of a trustee ; and as this 
meeting was adjourned, and another notice was posted up, 
it must be held, that the meeting of the loth was not com- 
petent to elect a trustee — an item of business not named 
in the original warrant. If it is said that a motion was 
made to accept the resignation of Trainer, and this being 
postponed to the next meeting was a suflScient notice of 
the intention to elect a trustee, it will be an ample reply 
to say, that such postponement cannot be considered a no- 
tice according to the requirements of the law. For 
section 30 of the school law specifies the mode of notice, 
which is ''by publishing in some newspaper, or by putting up 
notice, or in such manner as the school committee may re- 
quire." The notice certainly was not given in any of these 
three ways. It vanj also be said, that if the law requires 
the business of every special meeting to be named in the 
warrant, trustees, if so disposed, might prevent action on 
anj' necessary matter by failing or refusing to insert it as 
an item in the warrant calling the meeting. But section 
twenty-seven of the school law, provides against this by 
commanding the trustees to call a meeting " within seven 
daj-s, on the written request of any five qualified voters, 
stating the object for which they wish it called," and if the 
trustees neglect or refuse to call such meeting the school 
committee may call it and fix the time of holding it. The 
election of a trustee was therefore not proper business 
to come before the meeting, either of the 6th or the 15th 
of February, and the election of Philip B. Stiness, Jr., is 
hereby declared void. 



112 COMMON SCHOOL MANUAL. 

Given at the oflSce of commissioner of public schools, in 
Providence, this loth day of April, 1856. 

Robert Allyn, Comm'r of Public Schools. 
July 1, 1856. 



Approved. 



Geo. a. Bratton, 
Associate Justice Svpreme Court. 



DECISION No. 25. 

^ase of school district number three, West Greenwich. 

Decision of the commissioner of public schools in case 
of appeal of Charles Andrew, from the vote of the school 
committee of West Greenwich, by which they refused a 
portion of the public money to School District No. 3, in 
said town. 

This appeal was made to the commissioner of public 
schools on the 12th day of April, 1856, and heard at his 
office in Providence, on the 29th of the same month, and, 
by adjournment, was continued to May 1st, 1856. The his- 
torj^ of the case, and the facts as the^' appeared in evi- 
dence, are as follows : 

The General Assemby at its October session in East 
Greenwich, in 1854, passed an act in relation to School Dis- 
trict No. 3, West Greenwich, to allow said district to draw 
the public monej^ and use it to support a school in a school 
house owned bj- proprietors and standing on the north side 
of the stream running through the district, until the first 
of October, 1855, and until they should build a school 
house on or near Carr's corner, on the south side of the 
above-mentioned stream ; and the same act appears to 
have contemplated compelling — though without a penalty, 
— the building of this new school-house. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 118 

Immediately after the passage of this act, the district 
held a legally notified meeting and voted to build the con- 
templated school-house on Carr's corner, and appointed a 
building committee of three to procure plans and specifi- 
cations, to purchase and take a deed of the lot, to make con- 
tracts for the school-house, and to superintend its erection. 
This building committee, understanding that the location 
of the house was fixed by the act of the General Assem- 
bl}^, procured plans and specifications and laid them be- 
fore the school committee for approval as the law di- 
rects. The committee retained these plans and finally 
failed to act, either by way of approving or disapproving. 
Two of the building committee soon after their election 
resigned, and two others were appointed by the district 
in their places, and this latter building committee has 
taken no action in reference to the new school-house. In 
these circumstances, as the committee of the town did not 
approve, and the committee of the district did not act, 
and since the new school-house could therefore not be 
built as contemplated by the act of the General Assembly, 
the trustee of the district continued the school in the propri- 
etors' school house on the north side of the stream, and appli- 
ed to the school committee of the town for their district's por- 
tion of the public money to pay the teacher's wages. The 
school committee, by vote passed at their regular meeting on 
the 2d day of April, 1856, refused to grant an order for any 
portion of the public money, alleging that said proprietors' 
school-house was by the before-named act of October, 1854, 
to cease from and after October, 1855, to draw any portion 
of the public money. It is from this vote, passed under 
these circumstances, and for these reasons, that the ap- 
peal is taken. 

An appeal is also taken from the act of the school com- 
mittee, and from the usage of the town in dividing the 
money received from the State treasury and from the town 



114 COMMON SCHOOL MANUAL. 

tax equally among the districts in the town, and it is 
alleged that the school law obliges eveiy town to appor- 
tion the mone}' so received from the State, one-half of 
the town's portion of $35,000 equally- among the districts, 
and the other half in proportion to the average attendance 
of scliolars in the schools of the several districts. 

And the school committee ask that the commissioner of 
public schools shall lay his decision before one of the 
judges of the Supreme Court for his approval. 

In reference to the vote of the school committee b}- which 
they refused to grant an}' portion of the public money to 
School District No. 3, since October, 1855, the commis- 
sioner is clearly of opinion that the act upon which they 
claim to ground their refusal, can bear but one construc- 
tion, namely : that the public money shall be paid to sup- 
port the public schools kept in the proprietors' school- 
house on the north side of the stream, until October, 1855, 
and till the contemplated new school-house is built on or 
near Carr's corner. The district appears to have attempt- 
ed in good faith to carry out the design of the act of the 
General Assembly to build a school-house, and to this end 
they passed the necessary votes and elected a building 
committee. This committee also appears in good faith to 
have submitted plans and specifications of a school-house 
to the town's committee as the law requires, and bj- the 
failure of this committee to act the}' were prevented en- 
tirely from accomplishing their design. Had the town's 
committee disapproved these plans, an appeal might have 
been taken and their decision could have been reversed. 
But as the}' neglected to act, the intention of the district 
was completely frustrated, without any fault on its part. 
The committee of the town may have acted, and probably 
did act without intention to frustrate the design of the 
law ; but it neglected its plain duty in the case, and if the 
statute cited were even different from what it plainly is, it 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 115 

ought not to take aclA'^antage of its own negligence to de- 
prive one district of its just portion of the public money, 
and to divide that portion among the other districts of the 
town. 

It was at the time of the trial contended that the build- 
ing committee ought, by the act referred to, and bj- the 
school law, to have carried their plans to the commissioner 
of public schools for approval. But the act of October, 
1854, only specifies that the commissioner, in the event of 
a non-agreement of the district to build on the lot specified 
on Carr's corner, shall " locate the said school-house," and 
the general laws command that every school-house shall 
be built after plans approved by the school committee of 
the town, or the commissioner of public schools. The 
building committee then ought first to apply to the school 
committee of the town, and in case of their disapproval or 
refusal to act, they could then carr^^ the plans by appeal 
or otherwise, to the commissioner. But by the neglect of 
the committee in this case, and by their retaining the plans, 
the building committee were totall}^ prevented from cariy- 
ing them to the commissioner, who properly has no origi- 
nal jurisdiction in such matters. 

The commissioner, therefore, decides that School Dis- 
trict No. 3, is justl}^ and legall^^ entitled to the balance of 
its true proportion of the public school or teachers' mone^', 
and the said vote of the school committee of West Green- 
wich, is hereby declared to be reversed ; and the said com- 
mittee are hereby commanded to draw an order on the town 
treasurer of said West Greenwich for the said balance,viz. : 
fifty-one dollars and seventy-three cents, ($51.73) now due 
to said district. 

In reference to the second part of said appeal, which 
asks that the commissioner would reverse the act of the 
committee of said town dividing the public school mone}^ 
equally among all the districts of the town, the commis- 



116 COMMON SCHOOL MANUAL. 

sioner decides that he can afford no relief. The general 
school law does indeed expressly' state, that the one-half of 
the money given from the general treasury for public 
schools in an}- town shall be divided in proportion to the 
average attendance of scholars in the several schools of the 
town ; and the other half equally among the several dis- 
tricts. But it does not specify the manner in which a town 
may divide the mone}^ raised b}^ its own vote, and that 
arising from the paj'^ment of registry and military taxes. 
It was given as the opinion of the late commissioner, Hon. 
E. R. Potter, that towns are at liberty to divide this ac- 
cording to their own pleasure, so that they use it judic- 
iously for the good of their schools. It vaaj follow, there- 
fore, that a town may so divide its own money, and regis- 
tr}^ and military taxes, as to make up the inequalities in 
the sums paj^able to its several districts, that would 
^'ise from the legal division of the State's mone3^ And 
as the usage is of long standing thus to equalize the por- 
tions of public money paid to the several districts in West 
Greenwich, the commissioner sees no reason to disturb it, 
and feels that he has no authorit}'- so to do ; and further, it 
does not appear that this district. No. 3, is deprived of any 
money it would have had under the division of the public 
money according to the technical language of the statute. 

Given at the office of commissioner of public schools, in 
Providence, this nineteenth da^^ of May, a. d. 1856. 

Robert Allyn, Comm'r of Public ScJiools. 

June 16, 1856. 

Approved. 

Geo. a. Bratton, 
Associate Justice Supreme Court. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 117 



DECISION No. 26. 

Case of school district number seven, Burrillville. 

No person to vote on any proposition to raise a tax, unless lie is liable 
to pay a part of said tax. 

Decision of commissioner of public scliools in case of 
appeal of Daniel S. Mowry and others from certain votes 
declared to be passed at certain meetings of the voters of 
School District No. 7, Burrillville, held on March 29, 1856, 
and continued by adjournment to May 12, 1856, and also 
on the first Monday in May, 1856. 

This appeal was received at the office of the commis- 
sioner on May 10, 1856, and the time of hearing was fixed 
for the 22d of Maj', at which time the parties appeared, 
and the case was continued to June 12, 1856, when it was 
heard, and the following are the facts as they were substan- 
tially agreed to by the parties, namely : 

In 1853, a tax was assessed in District No. 7, Burrill- 
ville, for the purpose of building a school-house, or paying 
for a school-house then lately built. A part of this tax was 
collected, namely, the sums respectively assessed to Smith 
Aldrich, $10.01 ; A. Bowen and wife, $6.93 ; Stephen 
Clark, $21.56 ; Jos. O. Clarke and wife, $43.11; Walter 
T. Harris and mother, $2.31 ; P. W. Hawkins & Co., 
$15.40 ; Alvah and Russell Mowry, $10.78 ; Alvah Mowry, 
$12.70 ; D. S. Mowry, $22.01 ; Phebe Mowry, $2.31 ; D. 
Smith, Jr., $21.56 ; S. Wood, $29.25 ; O. Youngs, $26.94 ; 
S. H. Youngs, $1.54 ; S. A. Aplin, $1.54 ; amounting in 
all to $229.95. This tax was, when these sums had been 
collected, declared by the late commissioner of public 
schools, to be illegal, and the tax was ordered to be re-as- 
sessed in February, 1854. Of this re-assessment the above 
sums were counted as paid, and the following sums were 
paid additional, namely, the assessments made to John 



118 COMMON SCHOOL MANUAL. 

and William B, Adams, $3.85 , Stephen Brown, $20.79 ; 
Jos. O. Clarke and wife, 1 cent; Alvah Mowiy, 1 cent; 
R. and Dennis Mowiy, $7.70 ; D. S. Mowiy, 1 cent ; Dan- 
iel Mathewson, $2.12 ; E. Mathewson, $2.12 ; W. Matli- 
ewson, $2.12 ; John Mathewson, $5.00 ; heirs of SjTia 
Steere, $13.8G ; Elma Steere, $4.G2 ; Alice Steere, $4.62 ; 
Nelson Steere, $5.39 ; Lillis Steere, Taft farm, $6.16--in 
all, $76.35, was collected, and both of the above sums were 
paid into the hands of the district treasurer, amounting to 
$306.30. 

Owing to alleged illegalities in the assessment of this 
tax, the collector refused to proceed and collect the balance, 
and this sum of $306.30, has since remained in the hands 
of the treasurer of the district. 

As the district was owing several sums of money to sun- 
dry persons, a meeting was legall}' called on the 29th day 
of March, 1856, and was continued b}^ adjournment to 
April 12th, 1856, for the purpose of paying these debts. 
At this first meeting it was voted, or declared to be the vote 
of the meeting, to pay the debts of the district with tho 
above-named money in the hands of the treasurer. From 
this vote an appeal is taken, and it is claimed that no per- 
sons have the right to vote on questions concerning the 
disposition or disbursement of this money except such as 
have paid a portion of it. 

The commissioner decides that the school law does im- 
peratively prohibit any person from voting on any question 
concerning taxation, unless he has paid or shall be liable 
to pay, a portion of such tax ; and on examination of the 
names of persons who voted for and against said motion to 
pay the debts of the district with this mone}', he finds that 
no person so having paid a portion of said tax, voted in 
the affirmative, and that five persons so having paid a por- 
tion of said tax, voted in the negative. He, therefore, de- 
clares that the motion was lost. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. IIV 

At the adjourned meeting held on the 12th of April, it was 
moved to rescind this vote declared passed at the meeting 
of the 29th of March. Bnt as that was not carried legally, 
the rescinding could have no effect. 

At a meeting held on the first Mondaj- of May, lSo6, 
it was moved and seconded, " that the mone}- that was 
collected in 1853 and ISo-l from the ratable propert} of a 
portion of the tax-payers in this district, and paid into the 
treasur}-, be paid back to those from whom it was collected." 
This motion was voted on, and, on an examination of the 
names of the persons voting, the commissioner finds that 
nine onl}^ had a right, under the school law, to vote ; and that 
of those voting in the negative, none had a right to vote ; 
and it is therefore decided that said motion should have 
been declared to be carried in the affirmative, and it is 
hereby so decided. 

The commissioner, thei'efore, decides that said vote to pay 
the above named sums of monej' to the above-named per- 
sons who paid thein into the treasury of the said District 
No. 7, was properly and legally- carried in the meeting of the 
voters of the said district, held on the first Monday of 
Maj', 1856. And the treasurer of the said district is here- 
b}' required and commanded to pa}" the above-named sums 
to the persons named in connection therewith. 

Given at this office of commissioner of public schools, 
this 5th day of July, 1856. 

Robert Allyn, Comm'r of Public Schools. 



120 COMMON SCHOOL MANUAL. 



DECISION No. 27. 

Case of Philip B. Stiness, Jr.'s appeal vs. J. H. Willard, 
clerk. 

In case of the appeal of Philip B. Stiuess, Jr., from the 
act of John H. Willard, clerk of the school committee of 
North Providence, in ordering sundry bills to be paid to 
teachers in School District No. 3, of said town, while a 
protest against the paj-ment of said bills was before the 
school committee. 

This appeal was received June 19, 1856, and sets forth, 
as a fact, that John H. Willard, as clerk of the school 
committee of North Providence, made three orders on the 
town treasury of said town, for certain bills for the wages 
of the public school teachers in School District No. 3, of 
said town, while a protest was on record against their pay- 
ment ; that said teachers had not been emploj-ed in a le- 
gal manner by the trustees of said district, inasmuch as 
there had been no meeting of the board of trustees for the 
district, and that at the time of ordering those bills the 
said J. H. Willard was not legally authorized to order 
bills for such services, inasmuch as the term of his office 
had expired. 

The appeal was heard on the 21st of June, at the office 
of the commissioner in Providence, Mr. Stiness appearing 
for his own appeal, and Mr. Willard appearing in opposi- 
tion to it. The facts were substantiall}' agreed to hj the 
parties, and were as follows, namely : 

At the annual district meeting of this School District 
No. 3, North Providence, in Ma}', 1855, three trustees 
were elected ; one of these resigned sometime in Septem- 
ber, 1855. His resignation was accepted b}' the district 
in February, 1856, and a new trustee was chosen in his 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 121 

place. The other two trustees refused to recognize 
the election of this man, and held no meeting of the 
board of trustees ; and it was subsequent!}' decided 
by the commissioner that said election in February-, was 
illegal. The law makes it necessar}^ to have one or three 
trustees, and as there were but two who were clearl}- elect- 
ed legall}-, the two could not act, especiall}' when they 
were neglecting to recognize one who had been chosen in 
a district meeting and held prima facie evidence of being 
a trustee. The two trustees, therefore, acted in concert, 
and engaged teachers, though there is no evidence of hav- 
ing called a meeting of their board. 

The spring vacation occurred from April 11th to April 
28th, or thereabouts, and the summer term commenced on 
this latter day. The bills paid, or ordered to be paid, 
were for the wages of the five teachers from this last named 
da}', up to May 31, 1856, and of course covered more than 
one month, or one-third of the term. The}^ were presented 
at the last meeting ol the old school committee for the 
year ending June 2, 1856, and in consequence of the pro- 
test above alluded to, the bills were laid over to another 
meeting. Soon after this last meeting a town meeting 
was held about June 2d, and a new committee was elected. 
On the 6th of June the clerk of the old committee, John 
H. Willard, did give orders for three bills, notwithstand- 
ing the protest, the expiration of the 3'ear, and the election 
of a new committee. The amount of these bills is not at 
all essential to the decision. 

Mr. Willard contended that he, as clerk, held office, as 
did the school committee, till their successors are qualified 
by taking the engagement, and that school teachers being, 
as these were said to have been, hired for no definite time, 
must hold their places till the trustees hire others, or rather 
till they are dismissed in a legal way. 
6 



122 COMMOK SCHOOL MANUAL. 

There are three questions raised for decision in this 
case : 

1. Were these teachers, emploj^ed as they must have 
been on a new term commencing within one of the months 
fixed for the annual meeting — say April 28th — legally em- 
ployed, and were they entitled to their wages without 
some action of the board of trustees or the school com- 
mittee ? 

2. Could a clerk of a school committee legall}- assume 
the power to order such bills as were under protest, and while 
thus under protest, having been laid over, either b}" vote 
or b}^ consent of the committee, to another meeting even 
though he had a general authority to order ordinary- 
bills? 

3. And granting that these school teachers were legal, 
ly emploj'ed, and that the clerk would have authorit}- to 
order bills while under protest and laid over, would he 
have such authorit}' bej'ond the year for which he was 
chosen, and after another committee had been chosen ? 

The commissioner's opinion upon the first point is, that 
these teachers were not legally employed. The time of the 
annual spring vacation in these schools comes within the 
month of April, a month in which the annual meeting of 
the district ma}' occur. This must be reckoned the end of 
their 3'ear, unless b}^ special or implied agreement. Tliere 
was a vacation, and the trustees or the school committee 
are the only authority to regulate the length of that vaca- 
tion, and consequent!}' one or the other of these bodies 
must fix the beginning of the term after that vacation. The 
trustees could not have done that legally, for they had no 
legal meeting during the time from March till May 27th, 
or about that time. And the school committee did not fix 
the time of commencing these schools. The teachers must 
therefore, be considered as having begun the schools of 
their own motion, and they were, therefore, not legally 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 123 

employed in such sense as to be entitled to orders on the 
town treasury for teachers' money for their wages. It may 
here be remarked, that as the time from April 28th to May 
31st was only a small portion of the summer term, there 
was ample time for an election of trustees by the district, 
and the adoption of these schools both by these trustees and 
the school committee, but at the time of ordering these bills 
they had not thus been adopted. 

As to the second point, whether the clerk could legally 
order bills of this kind, the commissioner is clearly of opin- 
ion, in accordance with a decision of the late commissioner, 
Hon. E. R. Potter, that the clerk has no power whatever 
to do any act that is discretionary with the committee to 
do or not to do. It is a well settled principle that such a 
body as a school committee cannot delegate to any one of 
its servants any discretionary power. It may, and indeed 
will, often find it necessarj^ to delegate ministerial powers, 
but it cannot go farther than this in its acts of delegation. ^ 
As these bills were under protest, and as it lay wholly in 
the discretion of the school committee to receive the schools 
and visit them and allow the teachers their bills for wages, 
in short, to make them legal, it must be held that any act 
of the clerk which would attempt to forestall the action of 
the committee in regard to that protest would be illegal 
and void. 

In regard to the third point, it may be remarked that this 
need not be decided as material to the case, for the above 
conclusions arrived at on the first two points will definite- 
ly settle the question in all its practical bearings. But, 
inasmuch as it is a point that may be of much practical 
moment, it is thought best to give an opinion on that also. 
It seems manifest from the law that it was not intended 
that a school committee should hold office beyond the time 
of the appointment of other persqns in their place, not the 
qualification of tl^eir sifccessors iij oflice. The 8th section 



124 COMMON SCHOOL MANUAL. 

provides for the election of a school committee b}^ the town 
at its annual meeting, but the town council maj'^ appoint 
the school committee if the town fails to do so, (see Di- 
gest, p. 302, section 5 ;) and the filling of vacancies is 
committed to the board of school committee by section 18. 
Section 63 declares that all school officers shall hold of- 
fice till the next annual election or appointment for such 
office, and until other persons are appointed in their places. 
And it provides that if any one neglects to take the engage- 
ment, he may be fined one dollar ; but all acts of such offi- 
cers otherwise lawful shall ^be valid from the time of their 
election or appointment, notwithstanding such neglect. 
And this view is still further strengthened by the 18th sec- 
tion, which gives the school committee power to fill vacan- 
cies occasioned "by declining to serAe." If it requires the en- 
gagement of a new officer or school committee man, in place 
of the old, to terminate the former's terih of office, how can 
a vacancy occur by declining to serve as distinct from resig- 
nation? A town might decide to remove the old board, but 
by two members of the new board simply declining to take 
the oath, the majorit}' of the old board would hold over. It 
cannot, therefore, be supposed, that the law means any thing 
other than what it plainl}" says in section 63, that the elec- 
tion or appointment of another person in place of an incum- 
bent in the office of a school committee does necessaril}- ter- 
minate the official term of that incumbent, without waiting 
for that successor to take his engagment. In a case of so 
much importance as this, nothing must be presumed that is 
not speciall}^ said in the law ; and as this law does say ap. 
pointment and not engagement, it must be held that the ap- 
pointment of a new committee does terminate the term of 
the old. 

A school committee should, therefore, on no account 
assume to transact any business after their succes- 
sors are chosen. And if they ought not to do this, how 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 125 

much stronger is the reason why the clerk should not 
attempt an act which lies not at all in his power at any 
time, but is discretionary with the full board of the com- 
mittee. 

The act of John H. Willard, above recited, is therefore, 
hereby declared to have been wholl^^ illegal, and is there- 
fore declared to be void. 

Given at the office of commissioner of public schools, in 
Providence, this 5th day of July, a. d. 1856. 

Robert Alltn, QomnCr of Public Sdiools. 



DECISION No. 28. 

Case of school district number seven^ town of Warwick. 

Legality of giving a district tax to a town collector when there is a 
district collector duly appointed and qualified. 

By a vote of School District No. 7, of Warwick, R. I., 
the undersigned were appointed a committee to sub- 
mit to the commissioner of public schools the question of 
the legality of putting the collection of the district tax in- 
to the hands of the town collector, together with the re- 
cords or a copy thereof of the proceedings of the last annu- 
al meeting and of all subsequent meetings. They now 
ask leave to present their case by testimony and ar- 
gument, and ask that the decision of the commissioner 
when made, and a statement of the facts as in evidence, 
shall be laid before the Chief Justice of the Supreme Court, 
for his approval. 

To the commissioner of public schools. 
Henry L. Greene, 
Wm. B. Spencer, \ Committee. 
James P. Gardner, 

Providence, R. I., October 15, 1856. 



126 COMMON SCHOOL MANUAL. 



Office of Commissioner of Public Schools, ) 
Providence, Oct. 17, 1856. | 

Upon the question above recited, and iipon the evidence 
produced on the hearing of the same before me, I decide, 
that, according to the 37th section of the act relating to 
public schools, "An}" district may vote to place the collec- 
tion of any tax or rate bill in the hands of the collector of 
town taxes," notwithstanding there be a district collector ; 
and I, having been satisfied by evidence that a vote to that 
effect has been passed at a regular district meeting of 
School District Ko. 7, of the town town of Warwick, de- 
cide that the collection of the tax in question loaj be 
legall}^ confided to the collector of town taxes of that 
town. 

Given under my hand the day above named, October 17, 
1856. 

Robert Allyn, Comm'r of Public Schools. 

Upon conference with the school commissioner, and a 
statement of the facts in the above matter by him laid be- 
fore me, I approve of the above decision. 

Samuel Ames, Chief Justice Sup. Court. 

October 17, 1856. 



DECISION No. 29. 

Case of Joseph CrandaWs apjoecd from action of trustees 
of school district number two, Exeter. 

Where land lying in two districts is assessed in one parcel by town 
assessors, trustees of a school district have no right to assess its value 
and must call on a town assessor. 

Statement and decision of commissioner of public 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 127 

schools in case of the appeal of Joseph Crandall, of Rich- 
mond, from the action of the trustees of School District 
No. 2, of Exeter, in assessing a tax for repairing the school- 
house in said district. This appeal was made to the com- 
missioner of public schools on the 14th of Februar}', 1857, 
and was tried at Richmond on the 10th daj' of March, 1857. 
The appellant was heard by counsel George H. Olney, and 
the trustees b}^ counsel Isaac Greene. 

The facts as ascertained by the commissioner, are as fol- 
lows : and the}^ are reported to Hon. Chief Justice Ames 
for his opinion on them, at the joint request of the parties, 
namely : 

On the 30th da}- of August, 1856, at a legal meeting of 
the voters of the above-named district, it was voted to as- 
sess a tax of Si 50 on the ratable property of the district. 
This tax was assessed during the month of November, 
1856 ; and on the 7th of February, 1857, the trustees issu- 
ed a warrant to collect it. 

Among the persons taxed for real estate, was Joseph 
Crandall, who is owner of two farms in Exeter, one called 
the " Rathbun farm," lying on the north side of the so- 
called " Ten-rod road ;" the other, called the " Hazard 
farm," lying adjacent to the Rathbun farm but on the 
south side of the said road. This road divides the two 
districts No. 1 and No. 2, — the latter being on the north, 
and of course including only the Rathbun farm. It 
appears that a part of the Hazard farm adjacent to the 
Rathbun land has for several years been rented with this 
Rathbun farm ; and as the tenant was to pay road taxes, 
it has been by the town assessors taxed or valued in the 
same parcel with it. 

The tax against which complaint is made was for this 
parcel of land, which on the assessors' book for 1855, the 
book by which the trustees were governed in their assess- 
ment, was called the " Rathbun land," and was valued at 



128 COMMON SCHOOL MANUAL. 



under their rules. The sum assessed was $12.30. 
The appellant claims that this parcel of land, so valued 
at $900, includes a part of the Hazard larm, Ij'ing in an- 
other school district, and liable to a tax there ; and that 
said tax cannot be legal, inasmuch as the trustees did not 
in making the assessment, proceed according to tlie re 
quirements of section 45 of the act relating to public 
schools, which declares that, in case of property- l^'ing in 
two districts, and having no separate values on its respec- 
tive parts, the trustees, if they cannot agree with the own- 
ers, shall call on a town assessor, who shall assess the 
value of the property so situated. 

The only question, then, to be decided is a question of 
fact, as to whether the parcel of laud named in the asses, 
sors' tax book of 1855, and in the trustees' warrant called 
the " Rathbun land," is situated wholly within the bound- 
aries of School District No. 2, or partly also in No. 1. 

The facts bearing on this question are these : In 1849, 
the two farms are taxed for the value of $1,800, — Eath- 
bun farm, $600 ; Hazard farm, $1,200 ; and this valua- 
tion has not materially' changed since, though diminish- 
ed a trifle. In 1853, there is a different division of values 
— the Rathbun farm being set at $900, and the Hazard 
farm at $850. This diA'ision of values continued to 1856, 
when it stands, — Rathbun. $667 ; Hazard, in two parcels, 
$1,002. So much for the testimony obtained from the town 
assessors' tax books. 

Mr. Edward Barber of S., assessor of taxes for the town 
of Exeter, testified as to the respective values, and as to 
the situation of the two farms, and as to the assess- 
ment on the Rathbun land, stating that the value on the 
tax-book of '1855, was understood b}' him to be for the 
whole of the Rathbun land, and also for all that part of the 
Hazard farm east of Parish Brook, so called ; and that the 
value of the Rathbun farm, according to their mode of com- 
puting, was about 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 129 

The commissioner, therefore, cannot doubt that the 
aforenamed sum of $900, taxed as the value of the " Rath- 
bun land," does include the value of a part of the " Haz- 
ard farm," which lies without the bounds of this Dis- 
trict No. 2, and which, in his opinion, ought not to have 
been taxed. 

As this is one of the cases specially provided for in sec- 
tion 45, above referred to, in which a town assessor ought 
to have been called in, to apportion the value of the land 
thus situated in two adjoining districts, and as the tax 
was assessed hy the trustees instead of the assessor, con- 
trarj^ to the requirements of the statute, the commissioner 
is of the opinion that the tax appealed from was illegally 
assessed ; and the assessment is therefore herebj- declared 
void. 

Given at the office of the commissioner of public schools, 
in Providence, this olst da^- of March, 1857. 

Robert Alltn, Comm'r of Public ScJiools. 

Upon the statement of facts above named, I approve of 
the decision of the commissioner. 

Samuel Ames, Chief Justice Supreme Court. 
Providence, April 21, 1857. 



DECISION No. 30. 

Case of appeal of John H. Willard. 

School committee cannot vacate the office of clerk but by hearing 
and for cause. 

Statement and decision of commissioner of public schools 
in case of appeal of John H. Willard, from a vote of the 
school committee of North Providence, declaring the of- 
fice of the clerk of their board vacant, passed December 
13, 1856. 



130 COMMON SCHOOL MANUAL. 

The facts in this case are as follows, riz. : 
On the 13th of Decercler, 1856, at the regular monthly 
meeting of the school committee of North Pi oviclence, a 
resolution was oflered, and passed in these words : " "Where- 
as, the clerk refuses to complete the record of July 19, 
1856, as voted at this meeting of the school committee, 
December 13, 1856, theretoie, Besohed, That the office of 
the clerk he declared vacant." P. B. Stiness, Jr., was Ihen 
elected clerk, to fill the vacancy thus created ; and John H- 
Willard, the appellant, who had been elected clerk of the 
committee at their first special micetirg, held June 14, 1856, 
gave notice of his intention to appeal to the commissioner 
of public schools from the vote declaring his oflSce va- 
vant. 

The appeal was ficcoidiigly made December 15, 1856, 
and received by the commissioner on the 1 7th ; and b}^ no- 
tice given to the parties on the 17th, the time of hearing 
was fixed on December 2Cth, at 2 o'clock, p.m., at the com- 
missioner's office in Providence. 

On the trial, the parties appeared, and were heard by tes- 
timonj' and argument before the commissioner. 

The points raised for consideration are two. 1. Has 
the school committee a right, after having made an elec- 
tion of a clerk, — an officer created by the school law and 
necessary to the organization and legal action of the com- 
mitttee, — to remove that clerk, unless b}- chaiges and trial, 
after notice, for misdemeanor before the expiration of the 
term of their office , 

2. If they have such right or power, were the reasons 
alleged sufficient to justify them in the summarj' exercise 
of that right? 

If the first question be decided in the negative, there is 
no occasion to examine the testimony upon the second. 

I am of opinion that the school law, (see sections 9 and 
10,) makes the election of a chairman and clerk necessary 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 131 

to a legal organization of the committee, and the law no- 
where gives to the committee any power whatever to re- 
move its officers. This removal can therefore only be 
made for cause, and in the same manner as an}' other offi- 
cer elected for a specified time could be removed. This 
must be bv trial, and after notice. 

With this view, a decision of the late commissioner, Hon. 
E. R. Potter, accords. That was in regard to a district 
trustee, an officer of no more responsibilit}' than a clerk of 
the school committee, and was to the effect that " an 
election once made could not be rescinded, and that he, 
the trustee, could only be removed after notice and a hear- 
ing." 

M}' decision, therefore, is, that said A'ote, passed as it 
was without previous notice and opportunit}' given for 
hearing and trial, is void. 

Bj' request of Mr. AYillard, made on the hearing before 
me, this decision is now submitted to his honor. Chief 
Justice Ames, of the Supreme Court, for his opinion 
thereon. 

Given under mj- hand, at the office of commissioner of 
public schools, in Providence, this 31st of January, a. d. 
1857. 

Robert Alltn, Comm'r of Public Schools, 



OPINION OF THE SUPREME COURT. 

Upon the annexed statement of facts, understanding as 
I do from it that the school committee of North Providence 
declared the office of clerk of their board vacant without 
notice to the clerk of the charges against him, and without 



132 COMMON SCHOOL MANUAL. 

affording him an opportunity b}^ proof and argument to 
defend himself. 

I am of opinion, and decide, that said vote was void, and 
that John H. Willard is therefore legally clerk of said 
board. 

If Mr. Willard, being present, asked no delay, but pro- 
ceeded to defend himself, he would be deemed to have 
waived formal notice, and the vote would be valid. 

As nothing of this kind is stated in the annexed state- 
ment of facts, I presume the contrar}^ to be true, and this 
renders it unnecessarj^ for me to examine into the second 
question stated by the commissioner. 

Samuel Ames, C. J. Supreme Court. 

Providence, Januar}^ 31, 1857. 



DECISION No. 31. 

Case of J. H. Willard, clerk, removed. 

A clerk of a school committee may be removed from office for cause, 
after notice aijd bearing. 

Statement and decision in case of the appeal of J. H. 
Willard from a vote of the school committee of North Pro- 
vidence, hy which the}^ declared his office as clerk of said 
committee, vacant. 

This appeal was received at the office of the commission- 
er of public schools on the 27th of March, 1857. It is di- 
rected to the commissioner, and sets forth the fact, that on 
the 21st day of March, 1857, the school committee of North 
Providence did, by resolution, declare vacant the office of 
clerk of their board, at that time held by the appellant, 
John H. Willard, for the reasons set forth in the said 
resolution ; that said AVillard had refused to present 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 133 

a certain paper to the board when demanded by vote of 
the committee ; that he refused or failed to make certain 
corrections or additions to the records of said committee, 
when ordered by their vote ; that he had used improper 
language to the members of said committee at their meet- 
ings, and for other matters alleged. The appeal alleges 
that these charges are false and malicious, and also claims 
that the committee have no legal authority to remove a 
clerk. 

The hearing was appointed for April 13th, at which 
time the parties appeared at the ojSice of the commissioner 
of public schools, and a full hearing of the case was had. 

Mr. Willard appeared in behalf of his appeal, and Mr. 
Stiness for the school committee. Much testimony was 
introduced, and much of it was conflicting. These are 
the facts, as they appear to the commissioner to have been 
proved in the case. 

Sometime in July, 1856, a paper was sent from the com- 
missioner of public schools to the school committee of 
North Providence, through their clerk, Mr. Willard, with 
a request that he would communicate it to the Board- 
When the Board met, this paper was called for, and Mr* 
Willard did not produce it, A vote was passed demand- 
ing it ; still it was not produced, and the committee ad- 
journed without it. At a subsequent meeting it Was given 
to the committee. Mr. Willard attempted on the trial to 
show that he might choose his own time to produce it, and 
that his refusal was only a qualified one. On this point 
the commissioner is clearly of opinion that the clerk of a 
Board like a school committee, has no discretion whatever 
in such cases. The records and papers are not his private 
property, but belong to the committee, and he only has 
charge of them, and holds them entirely subject to their 
order. It was said that the paper in question was one 
that would prevent some action of the committee, and 



134 COiMMON SCHOOL MANUAL. 

■would in some respects damage the reputation of the com- 
missioner. But the clerk of a school committee is not the 
judge of the duties and business of the committee, nor the 
custodian of the commissioner's reputation. If the com- 
mittee demanded a paper belonging to them, and insisted 
on that demand, it was the clerk's duty to present it, no 
matter what business might be prevented or cut off bj- it, 
and no matter whose reputation might be hurt. 

The next matter in the resolution from which the appeal 
was taken, related to the refusal of the clerk to amend the 
records of the meeting, at which the above-named paper 
was demanded. It appears b}' the clerk's records, that at 
the next meeting, the record of the meeting above-named 
was not approved, on account of its imperfection. A 
motion to amend, b}' inserting the words " Avhich was re- 
fused," and which would have made the records accord 
with the truth, was laid on the table, in the hope that after 
consideration, the clerk would make the proper amendment. 
In December, however, the amendment not having been 
made, a vote was passed to amend as above stated, and 
the clerk refused to amend. He contends that his refusal 
was only conditional, — he being willing to add after the 
words " that the clerk be directed to produce the decision 
of the commissioner," these other words, " which was re- 
fused," provided he could spread his reasons for refusing 
on the records of the committee. No vote was taken by 
the committee to prevent this putting his reasons on re- 
cord ; and the clerk appears never to have made an}- such 
proposal to the committee, except in the intervals of a 
very angry and excited personal controversy' with the 
chairman and others. Neither did he ask the privilege of 
writing out his reasons, and placing them on file with the 
decision of the commissioner, which had never been re- 
corded. The books of the committee show that the re- 
quired correction has never been made ; and as the com- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 135 

mittee, aud not the clerk, are responsible for the accuracy 
of these records after their approval by themselves, and 
especial!}- after they, by vote, directed them to be amended, 
the commissioner must consider it a fact proved, that the 
clerk did refuse to amend the records, according to the 
facts, as he was required to do by vote of the school com- 
mittee. 

As to the matter of improper language used by the 
clerk to the committee, the commissioner will dismiss it 
entirel}', simply remarking, that the testimony goes to 
show that Mr. Willard is only one of those who may have 
used words unbecoming the dignity of those who have the 
guardianship of our public schools. Undoubtedly, in the 
angry controversies of the year, all were provoked ; and 
the one who best governed his temper and controlled his 
tongue, certainly has more to feel proud of, than he who 
excelled in the harshness and coarseness of the epithets 
applied to his fellows. 

The resolution appealed from, contained other allega- 
tions, which it is not necessary to consider, since the first 
two above recited are sufficient, and are in fact all that 
is reallj" essential to the case. 

Mr. Willard contended that the above charges were 
malicious. But as the facts do clearly show that he did 
fail to produce the decision, and did also fail to amend the 
records as directed, it would seem that there could be no 
malice on the part of the committee. Indeed, it was 
clearly established that the resolutions making the vacancy 
were passed by a vote of six to two, — Mr. "Willard himself 
voting with the minority. The only indication of ill-will 
is found in the fact that the committee allowed so much 
time to elapse, — from July to March — before taking ener- 
getic measures to maintain their own rights in the matter. 
But this is accounted for by the fact that they were hoping 
for a peaceable arrangement until December, when they 



136 COMMON SCHOOL MANUAL. 

passed a vote similar to the resolution under consideration, 
from which an appeal was taken, and Mr. Willard was 
re-instated because of a deficiency in proving the notice of 
the intention of the committee to pass the vote of removal 
from office. The commissioner could discover no evidence 
whatever of malice on the part of the committee as a bod3\ 

Mr. Willard also claimed that the resolutions were false, 
since he had on]}^ as his argument stated, refused with a 
qualification to perform what was required. But, whatever 
qualifications might have been made, or whatever favors 
were or were not asked by the clerk, the}' were not al- 
lowed b}'^ the committee ; and as the records are still im- 
perfect, it must be held that there was a refusal, in act at 
least, to perform a duty specially prescribed b}^ vote of the 
committee, and that the committee have the right to seek 
other instruments to carry out their wishes. 

Mr. Willard further in his argument contends that no 
power is given in the school laws to the committee to re- 
move a clerk, and that such an officer can be removed only 
by impeachment ; but section sixty-five of the law, to 
which reference is made, speaks of penalties for the non- 
performance or malperformance of duties by school officers 
and does not mention removal from office. There is a 
wide difference between removal from office, and punish- 
ment inflicted for wilful crime in office. As removal is 
not mentioned in the law, this must, when deemed neces- 
sar}', be done in accordance with common law. A deci- 
sion was made by the late commissioner, Hon. E. R. 
Potter, in relation to the removal of trustees, in which he 
saj's, '' They can only be removed after notice and trial 
for cause ; " and this implies that these and other school 
officers can be removed, by the bodies appointing them, 
after such notice and trial, for cause. An opinion given 
by Chief Justice Ames on January 31, 1857, is to the pur- 
port that a clerk of a school committee can be lawfully 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 137 

removed for good cause, after notice and trial. Another 
opinion, given by the same judge in case of Smith, asking 
a reliearing before the commissioner, implies that the evi- 
dent design of the school law was to relieve the courts 
from litigation in the small matters that may concern the 
public schools, and to provide tribunals, cheap, accessible, 
and speedy, for the redress of wrong or Injury in such 
cases. But if a school committee must be compelled to 
go before a court of law for redress, in cases of every re- 
fractory clerk or other officer elected b}^ them, for the sole 
purpose of giving expression to, or of recording their 
doings, this very laudable object of the law will be entirely 
defeated. This seems entirely contrarj^ to the whole spirit 
of the law, and is believed to be contrary to usage also. 

It is therefore held, that the committee have power to 
remove their clerk, after sufficient notice of their intention, 
and opportunity for trial and defence. That the appellant 
had such notice and made defence was full}^ proved. The 
appellant asks that the facts may be laid before Hon. 
Chief Justice Ames for his opinion theron. 

It then only remains to consider whether the causes 
alleged for removal, as above recited, were true and suffi- 
cient to warrant the action of the committee. And the 
commissioner decides that in his opinion they were fully 
proved to be true, as above stated, and that they were also 
sufficient to warrant the removal. 

The vote or resolution is therefore hereby affirmed, and 
it is declared, that the office of clerk of the school com- 
mittee of North Providence, lately held by John H. Wil. 
lard, is vacant. 

Given at the office of commissioner of public schools, in 
Providence, April 18, 1857. 

Robert Alltn, Comm'r of Public Schools. 

Opinion of Supreme Court. 
Upon appeal of John H. Willard from vote of school 



138 COMMON SCHOOL MANUAL. 

committee of North Providence, removing him from the 
office of clerk of said committee. 

I full}' concur in the above opinion of the commissioner 
as to the power of the school committee of a to-nn to re- 
move their clerk for just cause after hearing, full oppor- 
tunit}- having been given to him upon charges presented to 
defend himself against them. Such a power, with regard 
to such an officer, unless expressly- forbidden hj law, is 
incidental to the committee as necessary to enable it duly 
to perform its functions. 

Upon the statement of facts above made, from the testi- 
mony b}^ the commissioner, I.fulty concur with him that a 
just and legal cause for the removal of John H. Willard, 
as clerk of the school committee of North Providence, was 
shown by the committee for their action in the case of the 
appellant, and do therefore approve his decision on this 
appeal. 

Samuel Ames, Chief Jiistice Supreme Court of B. J., 
&c. 

Providence, April 18, 1857. 



DECISION No. 32. 

GENERAL INSTRUCTIONS. 

To School Committees and Superintendents of Toiuns, 
Trustees of Districts, and Teachers and Candidates for 
the office of Teacher. 

Representations have often been made to the commis- 
sioner of public schools, by many friends of public edu- 
cation and common schools in various parts of the state, 
that it is not uncommon for teachers to be employed by 
trustees to keep a school in the district of which the}' are 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 139 

officers, and to commence schools in such districts -without 
certificates of qualifications from the examiners of the 
town. It has further been represented that the trustee of 
a district sometimes employs a teacher having a certificate 
from the school committee, the year of which has not 
expired, or one who has a county or state certificate, and 
having employed such an one, authorizes him to begin 
school, and neglects to notify the ' visiting committee or 
superintendent of the town when the school is to begin ; 
then bv depriving them (unless accident gives such infor- 
mation) of the power to visit the school within two weeks 
of its beginning, as the law imperatively requires. 

Under this representation of facts which are believed 
to be undisputed and altogether too common, and which 
are understood to be too easily excused and overlooked 
by the proper authorities, it becomes the duty of the com- 
missioner of public schools to call attention to the plain 
and positive requirements of the law in such cases. 

1st. A teacher without a certificate can in no case be 
legally paid for his services out of the public money, no 
matter how well qualified he may be, nor how well he may 
have taught and governed his school ; — and every officer 
who draws an order, or uses the public money to pay him, 
is liable to indictment and fine. 

2d. No school is legally kept, unless it be visited twice, 
at least, by the school committee, or by some person by 
them appointed, or by the superintendent of the town, — ■ 
once within two weeks of its commencement, and once 
within two weeks of its close. And if the officer whose 
duty it is to visit fail of discharging that duty, he is liable 
to suit at law ; and if the trustee neglect his duty in the 
matter of giving information as to the time of commencing 
or closing the school, he is also liable at law. 

These things ought to engage the attention of all friends 
of public schools. They are more than mere forms. They 



140 COMMON SCHOOL MANUAL. 

involve the whole system of supervising our schools, and 
of course connect themselves with all the details and 
practical operations of public education. And the law, in 
these essentially vital points, should be scrupulously com- 
plied with. 

Teachers, therefore, should refuse to begin a school 
until they have a certificate of qualifications, and the 
town committee or superintendent has been notified of 
the time of commencing. 

Trustees, also, should insist that the teacher shall be 
examined immediatel}^ after his emplo^^ment, and always 
before he enters the school-room for the purpose of teach- 
ing ; and they should be verj' punctilious about giving 
notice to the committee or superintendent, of the time of 
beginning and closing the schools. 

And school committees, examiners, visitors, and super- 
intendents should stand on the extreme limit of the law, 
insisting that they will give no orders in favor of a teacher, 
trustee, or district, where there has been a neglect, in any 
wa}^, or on any account, to comply with these simple and 
just, as well as prudent and wholesome requirements of 
the law. 

Robert Allyn, Comm'r of Public Schools. 



DECISION No. 33. 

Case of W. S. Holt, School District Number Eleven, 
Exeter. 

A tax approved by the School Committee if subsequently increased, 
must be again approved . A trustee not authorized to insure a School- 
House, without authority Irom the District. 

The facts appear to be the following : District No. 11, in 
the town of Exeter, voted to raise a tax of one hundred 
and fifty dollars for the purpose of repairing their school- 



DECISIONS RELATING TO PUBLIC INSTRLCTION. 141 

house. This meeting was held Oct. 9, 1858. The trustee 
and clerk were appointed to make the repairs. These 
repairs were accordingly made, and the house insured, 
without an}^ vote of the district authorizing it. 

At a meeting of the district held Nov. 6, 1858, it was 
voted to receive the house and assess a tax of one hundred 
and eightj'-six dollars, and some cents. From this vote, 
Mr. Holt appealed to the commissioner. Having appointed 
a hearing at the school-house of said district, Dec. 22, 
1858, Mr. Holt made the following points of objection. 
That the original vote limited the tax to one Jiundred and 
fifty dollars; that the notice of the second meeting was 
illegal, inasmuch as it did not state that a sum greater 
than one hundred and Miy dollars was to be raised ; that 
only the sum of one hundred and fifty dollars had been 
approved hy the school committee ; that the expenses had 
been increased by ceiling the walls of the school-house 
below the windows, when the district had voted not to ceil 
them ; that the expenses had been increased hy the amount 
paid for the insurance ; that all the bills were not presented 
when the vote to assess a tax was passed ; and that the 
repairs had cost too much. Only three of these points of 
objection can be sustained. The " notice " of the second 
meeting, the approval of the school committee, and the 
insurance. The "notice" and "insurance" may be re- 
duced to one. The power to insure a school-house is by 
Sec. 3, Chap. 61, School Law, vested in the district and 
not in the trustee. Yet, if the " notice" had specified in- 
surance as one of the objects of the meeting, a vote of the 
district, sanctioning the trustee, would have been legal. 

It is my opinion and decision that this tax is not legal, 
— because the whole tax has not been approved by the 
school-committee, and the notice not sufficient to authorize 
the district to sanction the act of the trustee in procuring 
insurance on the house. 

John Kingsbuky, Comm'r of Public Schools. 



142 COMMON SCHOOL MANUAL. 

DECISION No. 34. 

Case of School District number one, Barrington. 

A Scliool-House majr be occupierl for a Singing School, when sucli oc- 
cupation does not interfere with the ordinary scliool. 

The following appear to be the facts in the case. Mr. 
Christopher Roffee is occupying the school-house of dis- 
trict No. 1, in the town of Barrington, b}'' permission of 
the trustees of said district, as appears by the accom- 
panying certificate of one of the trustees, for the purpose 
of giving instruction in vocal music. 

At a legally notified meeting of the tax paying voters 
of said district, held Feb. 3rd, 1860, the following vote, as 
certified to by the clerk of said district, was negatived 
" that the district school-house shall be used for no other 
purpose than public school and district purpose." 

From what purports to be said vote, John W. Barnes 
appealed, with a request that a statement of the facts iu 
the case might be laid before one of the Justices of the 
Supreme Court for decision. 

After due consideration, I am compelled to dismiss the 
appeal of said Barnes, without further hearing, and for the 
following reasons : 

Because, the vote as quoted in jonv appeal is not the 
vote negatived at said meeting, as certified to by the dis- 
trict clerk. Because, the vote, certified to as negatived at 
said meeting is inoperative ; inasmuch as the school law 
has already been interpreted to allow a district school- 
house to be used for purposes not necessarily " district," 
viz. : for l3-ceums, debating societies, lectures and other 
matters connected with education. (See Decision No. 10, 
under School Laws.) 

The question at issue is manifestly without the jurisdic- 
tion of the district, and has already been decided upon by 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 143 

the proper tribunal, viz. : by the commissioner of public 
schools,approved by the Chief Justice of the Supreme Court. 

"With regard to the instance cited in said appeal, as a 
violation of such decision, I am of opinion that the use of 
said house for such instruction is perfectly legitimate " to 
l^urposes connected with public instruction." 

Instruction in vocal music is a part of our system of 
public education, and is so recognized and paid for by the 
city of Providence, out of the " teachers' money," and is 
recognized and employed as an important element of edu- 
cation in nearly all the rural districts of our common- 
wealth. Many of our school committees insist upon its 
introduction into the public schools, and nearly all the 
school reports which reach the office are emphatic in its 
recommendation. And certainly if the younger children 
ma}^ be instructed in vocal music in the public school- 
house, and this too during school hours, there can be no 
legal objection wh}' their older brothers and sisters and 
friends ma}' not receive such instruction at the same place, 
out of school hours. 

Nor is the fact that the teacher receives pecuniar}' com- 
pensation from his pupils pertinent to the question ; for 
to allow it to be so would be to question the legal use of 
school-houses for public schools, man}- of the sessions of 
which are prolonged by private subscriptions, and are of 
course kept in the same sense in which the one is kept to 
which reference is made, by " private" individuals. 

The manner in which an}' teacher is paid, or whether 
his services are gratuitous, does not affect the question in 
point. Moreover, such a legitimate use of the school- 
house would not require " the general consent of the tax- 
paying voters," said ''private individual" having permis- 
sion for occupancy from the trustees of said district, in 
whom the law places the custody of the school-house. 
(See chapter 65, section 1, revised statutes.) 

J. B. Chapin, Comm'r of Public Schools. 

Providence, Feb. 14, 1860. 



144 COMMON SCHOOL MANUAL. 

DECISION No. 35. 

Appeal of J. R. Davenport, Prindpal of Woonsocket 
High School, from the action of School Committee of 
Woonsochet. 

In the case of an appeal of J. R. Davenport, Principal 
of the Woonsocket High School, from the vote or decision 
of the School Committee of Woonsocket, whereby the Com- 
mittee voted to restore Master Fuller, unconditionally to 
said school, the commissioner of public schools, after a 
careful hearing of the evidence in the case, and after a 
candid consideration of the principles involved, herewith 
submits the following decision in brief. The evidence in 
the case clearly shows that Master Fuller resisted the 
authority of the teacher on the afternoon of March the 
9th, and that his behavior was such, in various ways, as 
to set at defiance the commands of the teacher, and to 
lessen the respect due to an instructor from the members 
of the school. 

That he was suspended from the school b}^ the Principal 
for such disorderly' conduct. 

That the course of the Principal in the suspension was 
sustained by the Superintendent of public schools. 

And that the school committee by their vote justified 
the course of the said Davenport in the suspension of 
Master Fuller. 

It is evident, therefore, that the teacher, the superinten- 
dent of public schools, and the school committee regarded 
Master Fuller's offence to be of a character sufficiently im- 
proper as to warrant his suspension from school. 

The question now to be decided is whether or not Master 
Fuller shall be restored to his former position as a 
pupil in said High School, without any acknowledg- 
ment of wrong as to the offence committed, or without a 
promise of future good behavior. 



DECISIONS RELATING TO PUBLIC INSTKUCTION. 145 

Had the conduct of Master Fuller been obedient and 
correct, there evidentl}' Tvould have been no occasion for 
his suspension b}^ the principal, and no just grounds for its 
support by the superintendent and school committee, 
after a full hearing of the facts of the case. At the time 
of his suspension from school, his conduct was in direct 
opposition to the proper authoritj^ of the school-room. 
Hy such acts as occurred at that time, the relation of the 
pupil was changed from a position of loyalty to one of 
disloj-alty to school government. The act of suspension 
simply separated the otfending member from the bod}' to 
which he belonged. This is not in itself a punitive act, 
nor does it necessarily cany with it the reformation ue- 
cessar}' for a restoration to the former rights and privi- 
leges of the school-room, justly and necessarily forfeited 
b}' misconduct. As the violation of the common law re- 
quires either the exaction of fines and penalties, or the 
deprivation of rights until certain evidence of reformation 
before a restoration to the ordinar}- privileges of society, 
the same conditions should exist to preserve the purity 
and integrity' of all government, be it that of the parent, 
the school or the State. In the case of Master Fuller, no 
punishment has as yet been inflicted for the offence com- 
mitted, save that indirectly following the publicity of sus- 
pension from school ; and so far as the vote of the com- 
mittee extends, there has been no requirement made which 
secures to the governing power of the school a recognition 
of the violation of law, or a proper pledge of future obe- 
dience. If the scholar so disobeying be allowed to return to 
the school-room without such acknowledgment of wrong, or 
a promise of future obedience, the discipline of the school 
would instantly be degraded to the position occupied by 
the offender, and to a state of discord in harmony with 
the offence. On the other hand, the recognition, on the 
part of the offender, of the offence committed, as well as 
7 



146 COMMON SCHOOL MANUAL. 

an acknowledgment of the authorit}' of the teacher to 
regulate the internal police of his school, with a pledge of 
future obedience, not onl}' honors proper and legitimate 
government and establishes it upon a proper basis, but it 
also honors the instinctive regard for truth, virtue, and 
correct deportment on the part of those who ma}' have 
fallen into a fault, perhaps hastil}- and thoughtlessl}'. 

Upon this view of the case, stands the w-hole question of 
good government and discipline at home or at school. If 
the parent or teacher be at once deprived of the power of 
judging of the value of an offence, from its intrinsic cha- 
racter aitd its attendant circumstances, and also of the 
power to administer merited punishment for offences, as 
well as the granting of pardon and forgiveness on the 
ground of true reformation, the whole foundation and 
superstructure of disciplinary government are thrown 
down, and misrule must and will prevail. 

The wise and judicious teacher is jealous of his true 
rights and prerogatives, and is the best judge as to the 
influences of the school-room, which help, on the one hand, 
to maintain, and on the other, to subvert good govern- 
ment. The look and the gesture maj' mean more of good 
or ill than the word and the act ; and it would not tend to 
the welfare of our schools, or to the support and dignity 
of home or school government, to subject every act of the 
teacher or the parent to the severe tests of legal scrutiu}', 
or the partisan attacks of interested counsellors. In view 
therefore of the general application of the vote passed bj^ 
the school committee of Woonsocket, by which said com- 
mittee decided to admit Master Fuller to regular standing 
in the high school, and in view of its specific application 
to the school of which he was a member, as well as its 
practical influence upon all the schools of the town, if 
carried out, I am forced to the conclusion that it would 
not be for the welfare of the schools to allow this vote to 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 147 

be carried into effect, and I therefore declare said vote to 
be null and void. 

Thomas W. Bicknell, Comm'r of Public Schools. 
Providence, March, 1870. 



DECISION No. 37. 

Decision relating to the use of a public school building for 
dancing purposes. 

Newport, R. I., Oct. 4, 1872. 
Hon. T. W. BiciCNELL, State Comm'r of Education. 

Sir. — Will 3^ou pronounce judgment officially, in answer 
to the following inquir}" ? 

Is it lawful for the school committee to allow the use of 
a public school building for dancing purposes connected 
with the schools, if any tax-pa^-er objects ? 
Very respectfull}', 

A. D. Small, Supt. of Public Schools. 

P. S. — The school building was erected out of money 
raised by taxation. A. D. S. 

Providence, Oct. 15, 1872. 
A. D. Small, Esq,, Supt. Public Schools, etc. 

My dear sir, — You ask me to pronounce judgment offi- 
cially, in answer to the following inquiiy. 

"Is it lawful for the school committee to allow the use 
of a public school building for dancing purposes, connected 
with the schools, if any tax- payer objects? " 

The question which you present admits of so many 
modifications and constructions in its practical application, 



148 COMMON SCHOOL MANUAL. 

that I must assume certain positions in my repl}' before 
venturing to give a decision. 

In the first place, I shall premise that the dancing has 
reference to the amusement of the pupils, their recreation, 
or their phj'sical culture, or all of these combined. 

In the second place, I shall assume that such dancing 
exercises are free to all the pupils of a certain gi'ade, or 
class of schools. 

In the third place, I shall assume that such dancing 
exercises are limited to unquestionably proper hours and 
placed under the rule and management of persons as com- 
petent as the instructors of the public schools. 

In the fourth place, I shall assume that such dancing 
exercises do not interfere with the legitimate and well- 
defined rules, order and studies of the public schools, as 
established by the concurrent judgment of the wisest and 
best of the community. 

Lastty, I shall assume that the use of the public school 
buildings for dancing purposes has received, or shall re- 
ceive the sanction and approval of a major part of the 
school board. 

With these considerations, absolute and necessary, I 
believe that the public school buildings, erected by a tax 
upon all the ratable property of the district, town, or city 
for the public good, -maj be used for dancing purposes. 

By reference to Decision No. 10, in " Book of Appeals," 
E. R. Potter, commissioner public schools, and R. W. 
Greene, Chief Justice, the opinion is given " that a school- 
house ma}' be used for educational purposes collateral to 
the main purpose, such as meetings of the district for 
school business, lectures upon literarj' or scientific subjects, 
debating societies for the people and children of the dis- 
trict, etc. 

It may not be easy in all cases to draw the line between 
legal and illegal cases, but it would be perfectly clear that 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 149 

tlie district could not use the liouse for trade or religious 
meetings, if any person objected to it." 

As dancing naay properly be practised as a part of the 
physical education, by its influence in giving culture to 
the body, grace of form and ease of motion, I see not why 
it may not be classed with gymnastics, calisthenics, and 
music, at present so popular and so valuable. 

Under wise regulations, I believe dancing may be legally 

practised in public school buildings, even if one or more 

tax-payers object to the use of the school-houses for such 

purposes. 

Yours truty, 

Thomas W. Bicknell, Comm'r Public Schools. 



DECISION No. 38. 

APPEAL OF JOHN T. COTTRELL, et al., LOCATION 

OF SCHOOL-HOUSE, DISTRICT No. 19, 

SOUTH KINGSTOWN. 

Decision of Mr. JuMics Potter, confirming decision of 
Commissioner. 

In this case the school committee of South Kingstown 
passed a vote fixing the location of the school-house in dis- 
trict No. 19 in that town, and on the 13th of November, 1872, 
JohnT. Cottrell and others appealed to the commissioner of 
public schools, who, after a hearing, reversed the decision 
of the committee, and, on the 24th of November, fixed the 
location on the Smith lot so called ; and, subsequentl}^, on 
a request made b}^ a district meeting, reviewed his decision 
and fixed the location upon the Pond lot. 



150 COMMON SCHOOL MANUAL. 

March 6t]i, a, d. 1873, George T. Armstrong made a 
request to the commissioner that this decision should, as 
provided by the statute, be laid before one of the Judges of 
the Supreme Court for his consideration. 

H. T. Bramau, Esq., attorney for Mr. Armstrong, makes 
this objection to the decision of the commissioner in the 
case, that it is not a case where the law gives any right of 
appeal, and that therefore the decision of the school com- 
mittee was final and conclusive ; and for this point he re- 
lies on the case of John H. Gardner, a. d. 1858, reported in 
4, E.I., 602. 

The provision of the original act of 1847, was, that " any 
person conceiving himself aggrieved, etc., might appeal." 

In 1857, Digest, page 174, Section 1, "Any person ag- 
grieved in consequence of any /decision or doings of any 
school committee, district meeting, trustees, or in any 
other matter arising under this title, vaaj appeal to the 
commissioner of public schools, who is hereby authorized 
and required to examine and decide the same without cost 
to the parties." 

In 1862, this was amended by chapter 412, so as to 
read " Any person may appeal," etc. : and by the new 
Digest, which took effect on the 1st day of December, 
1872, the provision of the act of 1857 is restored. Page 
128. 

The appeal was taken and the first decision made while 
the act of 1862 was in force ; but I do not consider the 
difference in the language of the act material to the case. 

The language in 1845 is, "Any person conceiving him- 
self aggrieved " ; in 1857 and 1872, "An}^ person ag- 
grieved" ; and in 1862, " Any person ma}' appeal," etc. 

It was alwa3-s held that " no appeal could be entertained 
unless made by the part}' aggrieved," and was so stated in 
the notes to the first edition of the school laws, published 
by our first commissioner, Hon. Henry Barnard, and 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 151 

which notes were several times reprinted with the laws, 
by the express authority of the legislature. 

The grounds of the argument against the right of appeal 
in this case, could not, of course, be more abl}' stated than 
the}' are in the decision to which the counsel refers us. 

And the}' are , First : That a grievance implies a wrong 
growing out of some infraction of law ; a litigated ques- 
tion of right. The present case involves no question of 
violated right, and, therefore, the appellant is not a party 
aggrieved. Second : That the discretion is with the school 
committee ; they have the power to decide it, and no 
wrong is done to an}^ one, and no one has a right to com- 
plain, or correct them. Third : That a contrary construc- 
tion would throw every discretionary power into the 
hands of the commissioner and the Supreme Court, which 
latter might be utterly unfit to exercise it. 

First : Is the appellant a party aggrieved ? He is a 
propert}' holder in the district. The owners of that pro- 
pert}' have or may have children entitled to the privileges 
of the school. The distance of the location from his 
dwelling ma}' seriously affect, not only the convenience 
of sending to school, but the value of his property here- 
after. If the money was a gift from some one to found a 
school, he might dictate the site and the conditions of his 
bounty, and no one could legally complain. Here the 
whole money, as well what comes from the State and town 
treasuries to pay the teacher, as the money to build the 
house, is derived from taxation, of which the appellant, it 
is presumed, pays his fair proportion. Some hundreds of 
years ago, perhaps, a deprivation of school privileges 
might not be considered a grievance ; hardly so now. 
The appellant pays his proportion of the whole expendi- 
ture, and has a very material interest in the proper appli- 
cation of it. 

Second : Does the fact that the school committee exer- 



152 COMMON SCHOOL MANUAL. 

cise a discretion in the choice of a site, prevent an ap- 
peal? 

To appl}^ such a doctrine to the school law would almost 
nullifi}' the provisions for appeal. 

There is hardly an exercise of power by the school com- 
mittee or trustees which does not impl}^ the exercise of 
discretion. The mere giving an order for paj^ment of 
wages may, perhaps, be an exception ; but the examining, 
and, in some cases, employing teachers, annulling of cer- 
tificates, forming and changing school districts, supervi- 
sion of taxes and building of houses, and the general re- 
gulation of the schools, all imply discretion. So with 
trustees ; and so in many cases with the powers vested iu 
school districts. If, because the}' have the power to decide 
in the first place, and because thej^ exercise a discretion in 
doing it, there can be no appeal, there would be hardly a 
case left for the exercise of such a right. 

And yet the language of the provision is very broad, 
and it would seem difficult, without a great deal of verbi- 
age, to make it more comprehensive. 

If there was any doubt as to the meaning of the law, 
there is another principle of decision which might be re- 
sorted to for aid. When a law admits of ditferent con- 
structions, it is well settled that the usage under it, and 
the practical construction of it for a series of j'ears, is 
entitled to great weight, and sometimes may be decisive. 

In the present case the practice was uniform. The two 
first commissioners under the law were constantly en- 
gaged in examining appeals of this ver}- sort, sometimes 
confirming and sometimes altering, or wholh' revising de- 
cisions of committees, as to sites of school-houses. The 
re-districting which the law rendered necessary- iu most of 
the towns, led to frequent dissension. And the practice 
was continued under their successors, and does not seem 
to have even been questioned until 1858. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 153 

It would no doubt make the office of commissioner 
easier and more pleasant, to take away this power. The 
decision of such cases leads frequently to enmities, or 
charges of being subject to improper influence. 

School committees, however honest, may be subject to 
local influence ; and the very knowledge that their deter- 
mination was likely to be reviewed by a disinterested per- 
son, might, in many cases, prevent an improper decision. 
And a commissioner would seldom revise a decision of a 
committee, unless he was satisfied that the public good or 
justice to individuals required it. 

And, for the purpose of securing uniformity in the 
administration of the law, this provision is very important. 

Third : The third objection is that the allowance of 
appeals would refer ever}- thing to the discretion of the 
commissioner and judge, the latter, probably, not much ac- 
quainted with the subject, and unfitted for the exercise of 
this power. 

It was deemed essential to the success of a compara- 
tively new system, to prevent litigation, if possible. A 
quarrel or a lawsuit in a school-district is generally not 
long confined to the original parties. It spreads among 
all the families ; it goes into the selection of teachers, and 
impairs the discipline of the schools ; and, if the difficulty 
once takes the shape of a lawsuit, and the parties have 
expended money as well as temper upon it, it is still more 
difficult to settle. Hence the provision for a cheap and 
speedy decision, avoiding the delay and expense of a law- 
suit, and, as the commissioner would, probably, very often 
not be a lawyer, it was provided that he might resort to a 
judge for an opinion upon points of law. 

The practical construction of the law from the begin- 
ning has been that the judge has nothing to do with deciding 
the facts in tho case. (See " School Law," edition of 
1857, remarks page 55 ; and see, also, decision of Judge 



154 COMMON SCHOOL MANTJAL. 

Ames, in case of Emor Sinith. R. I. Reports, aoL iv., 
590, 592, 594.) The judge would not reverse the decision 
of a commissioner, unless there appeared to be a legal 
objection to its validit3^ 

Being, therefore, of opinion that the commissioner had 
jurisdiction on appeal, I see no reason for reversing his 
decision ; but as, until confirmed, the commissioner might 
rehear if he deems it expedient, and after confirmation 
the decision would be final, and could not be reheard by 
him, and the location could not be changed without be- 
ginning proceedings again before the committee, I post- 
pone a formal confirmation. 

E. R. Potter, Associate Justice of Supreme Court. 
Kingston, March 17, 1873. 

Being informed by the commissioner that there is no 
application for a rehearing, and that he sees no reason for 
revising his last decision, I hereby confirm the same. 
E. R. Potter, Associate Justice of Supreme Court. 



DECISION No. 39. 

Decision of the coaamissioner of public schools in the 
appeal case of S. O. Sej-mour, from the action of the 
school committee of Pawtucket, in refusing to allow the 
bill of George F. Varney, against the town of Paw- 
tucket, for $86,63. 

By the evidence it appears that Rev. S. O. Seymour 
was a member of the school committee and superintendent 
of schools for the town of Pawtucket, during the school 
3'ear 1871-'72. That during the winter term of the public 
schools, Mr. P. E. Bishop, the principal of the Grove 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 155 

street grammar school, gave notice to the school com- 
mittee of Pawtucket,of his intention to resign his position 
as teacher in said school at the close of the school year, 
and that Mr. George F. Varney presented himself as a 
candidate for the position, which would be made vacant 
hj Mr. Bishop's resignation. It also appears that a ver- 
bal contract was made between Mr. Se^-mour for the 
school committee, and Mr. Varney, b}^ which Mr. Varney 
should become the teacher of the school, for the school 
3'ear ]872-'73 at an annual salary of $1,100. 

At the annual town meeting of the town of Pawtucket, 
held on the first Wednesda}^ of April, a new school com- 
mittee was elected, of which Dr. Benoni Carpenter was a 
member, and he was made the superintendent of schools 
for the year. Soon after the election of the new school 
committee, Mr. Varney presented to that bodj^ his claims 
as teacher-elect of the G-rove street grammar school. The 
new committee were unwilling to be bound by the action 
of their predecessors in the hiring of teachers for the 
school year lor which they were elected, and refused to 
hire Mr. Varney upon the terms fixed upon between him 
and the former school board. Subsequently Mr. Varney 
presented his bill for expenses incurred in travel to and 
from Pawtucket to his home in Sandwich, and for board 
and incidentals while at Pawtucket, and on the journey 
with his famil}'. This bill the school committee refused 
to allow, and the town council of Pawtucket have refused 
to pay, and from the action of the school committee, in 
refusing to recommend the pa^'ment of this bill of $86.63, 
the appellant refers the case to the commissioner, and 
claims that the vote or decision of the school committee 
should be reversed on the grounds ; First : That the in- 
terests of the school seemed to demand the hiring of a 
teacher prior to the election of a new committee ; and 
second, that the expenses of Mr. Varne^^ were incurred in 
the service of the town. 



156 COMMON SCHOOL MANUAL. 

The respondents reply : First, that the school committee 
of Pawtucket for the year 1871-'72 had no power to bind 
their successors in office b}' a contract of this kind. Se- 
cond, That Mr. Varney was not legally hired, as he had no 
certificate of qualiflcations from the school committee or 
superintendent of schools of Pawtucket. 

I have reviewed the evidence and arguments, and have 
applied the references made to the school laws, and am of 
the opinion that Mr. George F. Varnej' has no legal claim 
upon the school committee of Pawtucket, or the town of 
Pawtucket, for the amount specified in his bill, and for the 
following reasons : 

First. The items of expense enumerated in the bill were 
incurred by Mr. Varney on his own account and for his 
own benefit, prior to the time when his contract, had it 
been valid, would have begun. The school committee of 
a town, and the trustees of a school district, have a right 
to use the funds derived from public sources for school 
uses and for instruction, and in paj'ment of services ren- 
dered in the school-room. As Mr. Varney has rendered 
no services to the town of Pawtucket as a teacher in its 
public schools, he consequently' has no claims upon the 
town for the payment of services. 

Second. The contract was not a valid one, for two rea- 
sons, the first of which is that Mr. Varney had no certifi- 
cate of qualifications from the school committee of Paw- 
tucket, either prior to or subsequent to the date of the 
alleged contract ; and second, that the school committee 
of Pawtucket for the 3'ear 1871-'72, had no legal authority 
to bind their successors b}^ contracts with teachers which 
should extend beyond their own term of service. 

Third. It appeared in the evidence that had Mr. Var- 
ney's contract been a legal one, his term of service as 
teacher would have commenced on the first Monday suc- 
ceeding the first Wednesday in April. It also appeared 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 157 

that Mr. Varne}^ has rendered no service to the town of 
Pawtucket, either on that day or on any subsequent da}^, 
and hence he can have no legal claim for the jpayment of 
any bills which may be presented by him. 

In view of these reasons, I hereby confirm the action of 
the school committee of Pawtucket in refusing to allow the 
bill of George F. Varney against the town o,f Pawtucket. 

Thomas W. Bicknell, Comm'r of Public Scliools. 

Providence, March 20, 1873. 



* REMARKS 



ON SOME OF THE PROVISIONS OF THE SCHOOL LAW, 

AND ON THE DUTIES OF DIFFERENT OFFICERS 

AND BODIES CORPORATE UNDER THEM. 



BOARD OF EDUCATION. 

The general supervision and control of the public 
schools of the State are vested in the State Board of Edu- 
cation, which consists of eight members. The governor 
and lieutenant-governor of the state are members by virtue 
of their offices, and each county of the state is entitled to 
one member in the Board, with the exception of Provi- 
dence count}', which is entitled to two members. The 
members are elected in grand committee of the general as- 
sembly at the May session, and hold office for three years. 

The duties of the Board are to elect the commissioner of 
public schools ; to hold quarterl}' meetings in the first week 
in March, June, September, and December of each year ; 
to consult with reference to the interests of education in 
the state ; to prescribe, and cause to be enforced, all 
rules and regulations necessar^^ for carrj'ing into effect the 
laws in relation to public schools ; to malie an annual re- 
port to the general assembl}' of the state at the adjourned 
session at Providence upon their doings ; and to set forth 
the state of the schools, and their needs, with such recom- 
mendations as to methods of improvement, as their judg- 
ment may dictate. The members of tlie Board serve with- 
out compensation. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 159 

THE COMMISSIONER OF PUBLIC SCHOOLS. 

The commissioner is, by virtue of his office, Secretary 
of the Board of Education, and its executive officer in the 
administration of the school system of the state. He is 
elected annually by the Board of Education, and is re- 
quired to make an annual report to that body on the last 
Monday in December of each year, upon the state and 
condition of the schools and education, with plans and 
suggestions for their improvement. His duties are to 
advise with school officers, teachers and others, in all 
matters relating to education ; to visit and inspect the 
schools of the state as often as practicable ; to deliver 
addresses in the several towns on subjects relating to the 
progress of the schools ; to arrange and conduct teachers' 
institutes in various parts of the state, as the various loca- 
lities ma}^ demand ; to recommend and secure as far as is 
desirable a uniformity of text-books ; and to assist in the 
establishment of, and selectionof books for school libraries. 

The commissioner is also a judicial adviser on all ques- 
tions arising under the administration of the school laws, 
and is required to hear and decide all cases presented by 
appeal or otherwise, free of expense to the parties. la 
the words of the late Chief Justice Ames, the commissioner 
is " in legal idea, the visitor of the public schools of the 
state — a domestic judge — whose short and noiseless me- 
thod of settling disputes arising between the different 
officers and members of this academic body, is intended 
to preserve that peace and harmony which are so essential 
to its well-being." 

STATE APPROPRIATIONS FOR SCHOOLS. 

The state appropriation of ninety thousand dollars is to be 
apportioned annually, in May, among the several towns, 
as the law directs, and is to be paid on order of the com- 



160 COMMON SCHOOL MANUAL. 

missioner of public schools to such towns, as shall, an- 
nually', on or before the first daj of Jul}' of each year, 
raise by tax, for the support of public schools in that 
town, a sum equal to the amount thej' ma}' receive from the 
state treasur3\ Any town which shall fail or refuse to 
raise for schools the sum required b}" law, shall foi'feit its 
proportion of the state appropriation, for the benefit of the 
school fund of the state. It is of great importance that 
the town treasurers make their return as required by Title 
IX., chap, xlvii., sec. 8, of the general statutes, as the 
trouble, arising from dela}^, may be both vexatious and 
expensive ; and, in this connection, it ma}' be well to note 
that the school year ends April 30th of each year, and that 
the financial year should begin and end with that date. 
Hence the accounts of town treasurers and school com- 
mittees, with the school fund of the town, should be closed 
on the 30th of April of each year. 

TOWNS. 

Each town may carry on its schools under the town or 
the district system. Where the former prevails, the schools 
are wholly in charge of the school committee of the town, 
subject in all cases to the supervision of the commissioner 
of public schools. Under the district system, the trustee 
has the superintendence of the school property of the dis- 
trict, and contracts with teachers, while the school com- 
mittee exercise all other authority over the schools. 

The simplicity, unity, and economy of the town system 
are in favor of its universal adoption, and any town may, 
by a vote at the annual town meeting, relinquish the dis- 
trict system, and place the entire management of the 
schools in the hands of the school committee of the town. 
Notice of the proposed change must be inserted in the 
warrant for the town meeting. 



k 



REMARKS RELATING TO PUBLIC INSTRUCTION. 161 

TOWN TREASURERS. 

The town treasurer should, as soon as the state money 
is apportioned, which is to be done in May, and as soon 
as the school committee have made their report, and the 
town has voted to raise what the law requires, make 
report to the commissioner, as required by law, and apply 
for an order for his town's portion of the money from the 
state treasmy, provided the school committee have made 
the report the law requires. Some towns make a practice 
of depositing their school mone}^ in some bank, which 
will pay them a low rate of interest. But it should be 
always subject to order. 

If the treasurer is newly elected, or his election not 
generally known, it may be well for him to procure from 
the town clerk a certificate to the fact of his being town 
treasurer. 

He is to keep a separate account of all school moneys, 
and is, within one week after the annual town meeting, to 
furnish the school committee with a particular account of 
all school monej'S in his hands, the sources from which 
derived, etc. He can only paj^ out the school money, 
(whether derived from the state, town, or registiy tax,) to 
orders signed by the chairman or clerk of the school com. 
mittee, and if he pays it out or appropriates it otherwise, 
he would be liable to the penalty of the law. 

The town treasurer, to obtain the state appropriation, 
should furnish to the commissioner a certificate substan- 
tiall}' in the following form, signed by himself, or the 
town clerk : 

Town of A. D, 18 

I certif}', that, in addition to the funds received from the 
state, and to the unexpended school money's of last year, 
received from all sources, this town has, by vote passed in 
legal town meeting, appropriated the sum of dollars. 



162 COMMON SCHOOL MANUAL. 

to be paid out of the town treasuiy , for the support of pub- 
lic schools in this town for the present school year accord- 
ing to law. 

A. B., 

Town Treasurer or Town Clerk. 
To C. D., commissioner of public schools. 

It will be seen that, by the general statutes, the town 
treasurer is obliged to make a statement to the several 
school districts of the town, of the amount of money ap^ 
loortioned by the school committee of the town to such 
districts ; and he is also to submit to the commissioner of 
public schools a statement of all money expended for the 
public schools of the town, and the sources whence it is 
derived. The object of these provisions plainly is to ena- 
ble each of the separate and independent officers of the 
public school S3'stem to understand how much money 
ever}" district is by law entitled to, and to be able to lay 
before the people at proper times a full and accurate ac- 
count of the mode of its expenditure. Provisions so salu- 
tary and reasonable ought not to be neglected ; and if they 
are neglected, it is not certain but that the town would be 
deprived of its part of the public money, or at least de- 
lajed or put to expense to obtain it. 

SCHOOL COMMITTEES. 

B}^ the general statutes the term of office of school 
committees is changed from one to three years. This is an 
important and desirable change, and will give character 
and permanency to the office and its work. Great care 
should be taken by the several towns in the selection and 
election of the best meyi and women to this office, inas- 
much as the longer tenure of office will affeci the schools, 
favorably or unfavorably, for a longer time. No political 
issues should hinder the election of competent persons to 



REMAEKS RELATING TO PUBLIC INSTRUCTION. 163 

this most responsible office of the town. The interests of 
the children are too valuable to be entrusted to those who 
know not and care not with reference to their future wel- 
fare. 

The law allows competent women, as well as men, to be 
elected to this office, and experience shows that women 
most faithfully-, conscientiousl}' and successfully fulfil its 
duties. Their time, interest, s^-mpathies, and benevolent 
purposes, eminentl}- qualify them for the duties, and a 
portion of each school board may well be constituted of 
active and efficient women. 

It is believed that where a town is divided into districts, 
and each district has trustees to manage its own local 
affairs, it will be better to have the town's committee a 
small one, provided competent persons can be obtained to 
undertake it. Their duties are to examine teachers, visit, 
and have a supervision of the schools. There is danger 
that a large committee will not meet often, and that they 
will attempt to perform too many of their duties by small 
sub-committees of one or more. The delegation by the 
whole committee, to each member, of the power to manage 
some particular district, was one great cause of the ineffi- 
ciency of the former system. The examination of scholars 
should, in all cases where it is possible, be done by the 
whole committee ; and incompetent persons will be less 
likely to apply to the whole committee, than to a single 
member, to be examined ; and the persons appointed to 
visit particular schools, should always make specific re- 
ports to the whole board at their monthly or quarterly 
sessions. In this way alone can the annual report of the 
school committee be made up pi'operly and as fully as 
is necessary. Special attention to the duties of examina- 
tion of schools alone can fit the committee to make such 
annual communication to the people of the town on the 
subject of their schools, as shall be of greatest service to 



164 COMMON SCHOOL MANUAL. 

them. This annual report should by all means be printed 
and circulated among all the citizens of the town, as the law 
requires. The mothers and the sisters of the scholars 
should see it as well as the fathers and voters, and the 
onl}^ way in which they can all enjoy this privilege is to 
have it printed, and at least one copy furnished to each 
family in the town. It is then easy to make all citizens 
acquainted with the workings of our school sj'stem, and to 
induce them carefully to guard the expenditures made for 
the common benefit. 

The school committee should first be engaged, and then 
elect their chairman and clerk ; and these officers are liable 
to be removed at the pleasure of the committee. It would 
be well to have the certificate of their own election and 
engagement made upon the record book itself, as loose 
papers are more liable to be lost. 

The number of the school committee, three or more, may 
be fixed at each annual town election. If the town fails 
to elect at the annual town meeting, the town council 
must elect them at its next meeting. Otherwise the old 
committee will hold over. But any town may vote to 
delegate to the council the power of appointing the com- 
mittee. 

Vacancies. — If any member of the committee resigns, 
the rest (if there be a quorum) may supply the vacancy. 
If so many resign or refuse to serve as not to leave a 
quorum, the vacancy must, as in case of other town officers, 
be supplied by the town council, until the next town meet- 
ing. 

Meetings. — They should hold meetings at least quarterly, 
as the law requires. But the schools cannot prosper unless 
meetings are held as often as once a mouth. By frequent 
meetings and conversation, much valuable information 
may be acquired. And it would be well for committees to 
be continuallv endeavoring to obtain a knowledge of the 



REMARKS RELATING TO PUBLIC INSTRUCTION. 165 

situation of the different districts, the amount of taxable 
propert}- in each district, the number of the agricultural 
and manufacturing population respectiveh', etc., etc., and 
this sort of information should be preserved, as it is abso- 
lutely necessarj^ to enable them and their successors to 
discharge well their duties. 

All acts of the school committee, to be valid, must be 
done at a meeting of the committee. Giving their assent 
to an}' measure separately, and without meeting, would be 
held illegal. 

The manner of calling special meetings of the com- 
mittee, should be regulated byJb^'-law. If there be no 
by-law, the chairman should call them, and should give 
ever}^ member notice if possible. 

Within a week after the annual town meeting, the school 
committee are entitled to receive from the town treasurer 
a report of all school moneys in his hands, specifying par- 
ticularly the sources whence derived, etc. 

As soon as elected, the clerk of the committee should 
forward to the school commissioner a listT^of the names of 
the committee, with their post-ofBce address, and should 
also inform him in what way packages or bundles can 
most conveniently be sent to them. This will materially 
aid the commissioner in the discharge of the duties of his 
office. 

Laying off Districts. — A town may vote to manage its 
schools collectively or by districts. If there are districts, 
the whole power of laying them off, making new ones, 
altering them, and of settling disputed boundaries, is 
vested by law in the school committee, subject to an 
appeal to the commissioner ; and reasonable notice should 
be given in all such cases. 

In laying off districts, regard should be had to the con- 
venience of attending school, the number of scholars, the 
valuation of property, and ability to provide school-houses. 



166 COMMON SCHOOL MANUAL. 

etc. It v,-i[\ be alwaj^s expedient to bound them by rivers, 
roads, or other natural or well-known boundaries, when 
practicable. When the lines can, without inconvenience, 
be so drawn as to include all of anj' person's farm in the 
same district where his dwelling-house is, it will save a 
great deal of trouble and expense in assessing taxes. 

In New York they bound their school districts by lines 
running from one specified point to another, and when the 
line crosses an}" person's farm or lot, they tax the whole 
farm or lot in the district where the dwelling-house is, if 
there be one on it. Bat this rule is objectionable, because 
when a tax is contemplated, a person so situated may 
avoid a portion of it bj^ a fraudulent conveyance of his 
land. And every purchase or sale of land so situated does 
practically alter the bounds of the district. 

Districts must be set off b}' bounds including certain 
land. It is not sufficient, (in those towns where the 
schools are managed and the school-houses built b}' dis- 
tricts,) to declare that a district shall be composed of such 
and such perso?i«. The Supreme Courts of Massachusetts 
have declared such districts to be invalid. [7 Pick. 106, 
and 12 Pick. 206.] 

When a district which has built a school-house is di- 
vided, or its bounds altered so as to take off any portion 
of it, the joint property is to be equitably apportioned 
among them. If the district owe an}' debts, they should 
of course be considered in the apportionment. In some 
cases this can be done b}" a division of the property' itself. 
In other cases the rent or income may be apportioned, ac- 
cording to the peculiar circumstances. The scliool com- 
mittee must decide such cases, subject, of course, to the 
appeal provided b}- the law. 

Where it is more convenient for a person belonging to 
one district to send to a school in another district, the 
school committee ma}- alter the bounds so as to include his 



REMARKS RELATING TO PUBLIC INSTRUCTION. 167 

house ; or the trustees, or, if no trustees, the committee 
jnay permit his children to attend such school and pay for 
it under the provisions of the law. And the committee 
may make the same arrangement for those who can more 
conveniently attend a school situated in a neighboring 
town. 

In every town, after the boundaries of the district are 
settled, it would be well to have a description of them 
printed for general information and circulation. This 
might, with propriety, be attached to the school regula- 
tions. 

The power of forming joint districts on the borders of 
the different towns, is also confided to the school com- 
mittees. Many of the manufacturing villages are on 
streams which are the boundaries of towns, and are partly 
in both towns. In such situations the school committees 
should encourage the union of the adjoining districts, as 
both together may be able to establish a better school, or 
keep one for a longer time, or to establish them of different 
grades. 

In assigning to a district which forms part of a joint 
district, its proportion of that part of the money which is 
divided according to average attendance, the committee 
will of course take the average attendance of that portion 
of the scholars who belong to their own town. 

Location, Plans, etc. — The school committee are to 
locate all school-houses, and to approve of all plans and 
specifications for building them. When the district is 
unanimous, and the location, on the whole, unobjectioual, 
the committee will defer to their wishes ; but in cases of 
dispute, the}^ should endeavor to select such a site as will 
best accommodate the greater portion of the district. 
Plans for the erection and repairs of district school-houses 
must also be approved by the school committee, or by the 
commissioner. This provision, together with that requir- 



168 COMMON SCHOOL MANUAL. 

ing that the school committee must approve of all taxes 
that an}" district may order, was intended to operate as a 
salutar}' check against the improper exercise of the power 
given to school districts. In some districts there may be 
but few legal voters ; in others, the majority of voters 
ma}' be persons not interested in the property in the dis- 
trict ; and various other cases may happen where a mino- 
rity should be protected against abuse of taxation. And 
for this purpose, the law requires the approbation of the 
school committee, the majority of whom will probably 
belong to other parts of the town, and have no private or 
personal interest in the local controversies and disputes of 
the district. 

For the same reason the law requires the plan of build- 
ing to be approved by the committee. The committee 
should therefore investigate this subject, and visit and 
examine the best school-houses, so as to be prepared to 
act, when called on. 

Examining Teachers. — The examination of persons wish- 
ing to teach as principal or assistants, the granting of 
certificates of qualification, and the annulling of such cer- 
tificates, are among the most important duties devolving 
on the school committee, and on their faithful performance 
the efficiency of the law mainly depends. 

The inefficiency of the former school sj'stem in many of 
the towns was owing to the fact that the duties of examin- 
ing teachers and visiting the schools were too generally 
neglected or ill performed. 

The law gives the committee the power to appoint a 
sub-committee for the purpose of examining teachers. 
But it is respectful!}' suggested that where the whole com- 
mittee can meet for this purpose it is most advisable. It 
will have a more imposing effect upon the teachers them- 
selves, and incompetent persons will be less likely to pre- 
sent themselves. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 169 

In making such examinations, whether by the whole 
board, or by the sub-committee, they should inquire firsts 
as to moral character. On this point, the committee 
should be entirely satisfied before proceeding further. 
Some opinion can be formed from the general deportment 
and language of the applicant ; but the safest course will 
be, with regard to those who are strangers to the com- 
mittee, to insist on the written testimon}^ of persons of 
the highest respectability in the towns and neighborhoods 
where they have resided ; and especiall}^ to require the 
cei'tificate of the school committee and parents where they 
have taught before, as to the character they have sustained, 
and the influence the}' have exerted in the school and in 
society. 

While a committee should not endeavor to inquire into 
the peculiar religious or sectarian opinions of a teacher, 
and should not entertain anj^ preferences or prejudices 
founded on any such grounds, thej' ought, without hesita- 
tion, to reject every person who is in the habit of ridi- 
culing, deriding, or scoffing at religion. 

And while an examination should in no case be ex 
tended to the political opinions of the candidates, yet it 
may with propriety extend " to their manner in expressing 
such belief, or maintaining it. If that manner is in itself 
boisterous and disorderly, intemperate and offensive, it 
ma}' well be supposed to indicate ungoverned passions, 
or want of sound principles of conduct, which would 
render its possessor obnoxious to the inhabitants of the 
district, and unfit for the sacred duties of a teacher of 
youth, who should instruct by example as well as by pre- 
cept." — N. Y. Regulations. 

Second., as to literary attainments. The lowest grade of 
attainments is specified in the school law, and demands a 
thorough knowledge of the common branches of English 
education. Every teacher must have been found qualified 



COMMON SCHOOL MANUAL. 

by examination, or by previous experience, wbich must 
have come to the personal knowledge of the committee, to 
teach the English language, arithmetic, penmanship, and 
the rudiments of geographer and histor3% An examina- 
tion as to the attainments of a teacher in these branches 
might be so conducted as to test his capacit}^ in those 
particulars, to teach smj grade of schools. Some re- 
ference, therefore, must be had to the condition and wants 
of the district schools as they now are. But no person 
should be considered qualified to teach an}" school, who 
cannot speak and write the English language, if not ele- 
gantly, at least correctl}'. He should be a good reader, 
and be able to make the hearer understand and feel all 
that the author intended. He should be able to give the 
analysis as well as explain the meaning of the words of the 
sentence, and explain all dates, names and allusions. He 
should be a good speller ; and to test this, as well as his 
knowledge of punctuation, the use of capitals, etc., he 
should be required to write out his answers to, some of 
the questions of the committee. He should understand 
practically the first principles of English grammar, as 
illustrated in his own writing and conversation. He 
should be able to write a good hand, and to teach others 
how to do so. He should show his knowledge of geo- 
graph}^ b}' applying his definitions of the elementar}- prin- 
ciples to the geography of his own town, state and coun- 
try, and b}^ questions on the map and globe. He should 
be able to answer promptly all questions relating to the 
leading events of the histor^^ of the United States, and of 
his own state. In arithmetic, he should be well versed in 
some treatise on mental arithmetic, and be able to work 
out before the committee, on the blackboard or slate, such 
questions as will test his ability to teach the text-books 
on arithmetic, prescribed for the class of schools he will be 
engaged in. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 171 

Third, his ability to instruct. This ability includes apt- 
ness to teach, a power of simplifying difficult processes, — 
a skill in imparting knowledge, — of inducing pupils to tr}^, 
and to try in such a way that they will derive encouragement 
as they go along, — which must be given by nature, but 
loaaj be cultivated by observation and practice. An ex- 
amination into the literarj^ qualifications of a candidate as 
ordinarily conducted, and even when conducted by an 
experienced committee, or even by a teacher, will not 
alwaj^s determine whether this ability is possessed, or pos- 
sessed in a ver}^ eminent degree. Hence it is desirable 
for the committee to ascertain what success the candidate 
has had in other places, if he has taught before ; and if 
this evidence cannot be had, whether he has received any 
instruction in the art of teaching ; or has been educated 
under a successful teacher ; or has visited good schools. 
In conducting the examination to ascertain this point, 
the candidate should be asked how he would teach the 
several studies. He should be asked how he would pro- 
ceed in teaching the alphabet to a child who had never 
been instructed at all in it ; as for example, whether he 
would give him words or single letters ; or letters having 
a general resemblance ; or in the order in which they are 
ordinarily printed ; or by copying them on a slate or 
blackboard, and then repeating their names after the 
teacher ; or by picking them out of a collection of alpha- 
bet blocks, etc., etc. So in spelling he should be asked 
how he would classify his scholars in this branch, and the 
methods of arranging and conducting a class exercise ; 
how far he would adopt with the class the simultaneous 
method, and how far the practice of calling on each mem- 
ber in regular order ; how far he would put out the word 
to the whole class, and after requiring all to spell it 
mentally, name a particular scholar to spell it orally ; how 
far he would adopt the method of writing the word, and 



172 COMMON SCHOOL MANTTAL. 

especially the difficult words, on a slate or blackboard ; 
how far he would connect spelling with the reading les- 
sons, etc. 

It will be more satisfactorj^ sometimes, perhaps, to 
have a class of small scholars present at the examination, 
and let the candidate go through a recitation with them, 
so that the committee can have a practical specimen of 
his tact in teaching each branch of stud}- ; in explaining 
and removing difficulties, etc. 

The same method of examination should be carried into 
reading, and every other branch. It is more important to 
know that the teacher has sound views as to methods, 
than that he is qualified as to literary attainments. 

Fourth, ability to govern. This is an important qualifi- 
cation, insisted upon by the law, and indispensable to the 
success of the schools. On this point the committee 
should call for the evidence of former experience, wherever 
the candidate has taught before, and when this cannot be 
had, the examination should elicit the plans of the 
teacher as to making children comfortable, keeping them 
all usefully emploj-ed, and interested in their studies, his 
best system of rewards and punishments, and examples of 
the kinds of punishment he would resort to in particular 
cases, and all other matters pertaining to the good order 
and government of a school. In this connection, the age, 
manners, bearing, knowledge of the world, love and know- 
ledge of children, etc., of the applicant, will deserve atten- 
tion. 

In addition to these qualifications which the law re- 
quires, the address and personal manners and habits of 
the applicant should be inquired into, for these will de- 
termine, in a great measure, the manners and habits of 
the children whom he will be called upon to teach. 

The most thorough and satisfactory mode of conducting 
the examination is by written questions and answers ; it 



REMARKS RELATING TO PUBLIC mSTRUCTION. 173 

will be desirable, if the examination is conducted orall}', 
to keep minutes of the questions and answers. 

While eveiy teacher should be found qualified in the 
particulars specified in the law, the certificate might show 
the peculiar qualification of the person to whom it is given, 
viz. : that he or she is peculiarly fitted for a primary 
school, as principal or assistant, as the case may be. 

The school committee must remember that on the thor- 
oughness and fidelity with which this duty Is performed, 
depends, in a great measure, the success or failure of the 
school s^^stem. The whole machiner}" moves to bring 
good teachers into the schools, and to keep them as long, 
and under as favorable circumstances as possible. 

If the teacher adds to his other qualifications a know- 
ledge of the art of singing, it will be an additional recom- 
mendation to him with those who desire to have a good 
school. Singing in school serves as a recreation and an 
amusement, especiall3^ for the smaller scholars. It exer- 
cises and strengthens their voices and lungs, and by its 
infiuence on the disposition and morals, enables a teacher 
to govern his school with comparative ease. 

The committee should exercise a sound discretion in the 
examination. If a person has been before examined by 
them, and the committee have often visited his school, 
and know him to be a good teacher, the law allows them 
to give him a certificate founded on this experience. But 
the re-examination can in no case do any injury, and by 
gradually increasing their rigor and adding to the re- 
quirements, much may be done towards raising the gener- 
al standard of education. The committee should, for 
convenience of reference, keep a tabular list of the names 
of all persous examined by them, either on their common 
record book, or in a book kept for that purpose, with col- 
umns for the date, age, place of residence of the applicant, 
the result of the examination, and any other remarks that 
ma}' appear worthy of remembrance. 



174 COMMON SCHOOL MANUAL. 

Annulling ceHificates. As a teacher's qualifications 
depend not merely upon his learning (of which a com- 
mittee can judge from examination), but upon his moral 
character, his disposition and temper, and his capacity to 
impart information, and to govern a school, in regard to 
all of which, the committee may be deceived or not fully 
informed ; the law gives the committee the power to annul 
an}^ certificate they ma}^ have given, if, on trial, the 
teacher proves unqualified. A teacher may also refuse to 
adopt the proper books, may introduce improper books, 
may refuse to adopt what the committee deem the best 
methods of instruction, or may violate other regulations 
of the committee. In case of all annulments of certifi- 
cates of teachers, the school committee, who are the onh'' 
authority in the matter, must give at least five da3's' 
notice in writing of such intention, and afterwards must 
notify the trustee of their act. 

Visiting schools. There was no duty of the school 
committee, under the old law, more generally neglected 
than that of visiting schools. 

The new law makes it the express duty of committees 
and trustees to visit the schools often. Without personal 
visits to the schools, the committee can know nothing 
about the teacher's capacit}' to impart information, or 
about his method of instruction and government, neither 
can they know the state of the register and the general 
conduct of the scholars. 

The committee are authorized to employ some suitable 
person to visit the schools in their stead, and to pa}- him 
a reasonable compensation. 

Visiting the schools also has the eflfect of encouraging 
the teacher in the performance of his duties ; and if the 
teacher is visited and treated with proper respect by the 
committee, trustees and parents, it materially aids to 
secure to him respectful treatment from the scholars, and 



REMARKS RELATING TO PinJLIC INSTRUCTION. 175 

enables Mm to govern his school and preserve order with 
ease, and without resorting to corporal punishment. 

But the greatest iniluence is on the pupils themselves. 
School is now considered by many of them as a place of 
punishment. But if their parents and others visit them 
often, and take an interest in their studies and progress, 
it gives a new character at once to the school and the 
school-room, and they contemplate it with pleasure in- 
stead of dread. 

It will also have the effect of accustoming the pupils to 
recite before strangers, and help them to get rid of that 
timidit}^ and reserve which, if not early removed, may 
prove a serious hindrance to their success in many pur- 
suits in after life. 

While it will be advisable to assign one or more schools 
to each member of the committee, for the purpose of 
visiting and general supervision, it is very desirable 
that all the schools should be visited at least once a term 
b}' the same person or persons, so that a comparison can 
be instituted between the different teachers and schools, 
and the official reports and returns be made out more un- 
derstandingl3\ The trustees and parents of each district 
should be invited to accompany the committee on their 
visits ; and it will be well to encourage the teachers to 
visit each others' schools, with a few of their most ad- 
vanced scholars. 

In visiting schools, whether by the whole board, sub- 
committee, or individually, the following are among the 
objects which deserve attention : 

The condition of the school-house and appurtenances ; 
its location ; size and condition of 3'ard and out-buildings ; 
construction, size, outward appearance, and state of repair 
of building ; by whom built and owned, whether b}- town, 
district or proprietors ; number and size of entries, and 
whether furnished with scraper, mat, hooks and shelves 



176 COMMON SCHOOL MANUAL. 

for hats, outer garments, water-pail, cup, broom, duster, 
etc. ; dimensions of scBool-room, and its condition as to 
light, whether too much or too little, — as to the air, pure 
or impure, — as to temperature, whether too high or too 
low ; modes of ventilation, whether by lowering or raising 
upper or lower sash, by opening into attic, by flue or 
otherwise ; whether heati d by close or open stove, fire- 
place or furnace ; construction and^ arrangement of seats 
and desks ; whether all the scholars, and especiall}' the 
3'ounger, are comfortabl}^ seated, with backs to lean 
against, and with their feet resting on the floor, and all 
facing the teacher ; whether there is a platform where the 
teacher can overlook the whole school, and aisles to allow 
of his passing to everj- scholar, to give such instruction as 
may be necessary', in their seats ; whether there is a place 
to arrange the classes for recitation, and accommodations 
for visitors, etc. 

On entering the school, the committee will first ascertain 
all necessarjr particulars respecting the teacher, such as 
his certificate, general plan, etc. These will enable them 
to form a proper judgment of what takes place in the 
course of their subsequent inspection and inquiries. 

The school register should be called for, and such par- 
ticulars as to the number and names of the scholars, their 
age, parents, attendance and studies, should be gleaned, 
as will enable them to speak on the importance of regular 
and punctual attendance, to expose the evils of the con- 
trar}' practice, and to commend before the whole school 
those who are among the most regular. An inspection of 
the register will inform the committee what children are 
not connected with the school, and a kind and timel}' call, 
a word with the parents or guardian, ma}' save such child- 
ren from ignorance, and the community from its conse- 
quences. 

The committee should iuquu-e into the number of classes, 



REMARKS RELATING TO PUBLIC INSTRUCTION. 177 

and the studies the^^ pursue. Such exercises should be 
called for as will exhibit the proficienc}- of the pupils, and 
the methods of instruction adopted by the teacher, and 
enable the committee to judge of the tact of the teacher 
in imparting information. The teacher, in justice to him- 
self and his pupils, should be allowed to conduct some of 
the exercises himself, and in his usual manner, as the 
scholars (if not used to being visited by strangers) will be 
less timid when examined by him, and the committee will 
have a better opportunity to see his mode of instruction. 
But the committee should also ask questions, and, in some 
cases, take the examination into their own hands. 

It will be well to place in the hands of the more ad- 
vanced scholars, written or printed questions, to be an- 
swered in writing, while the examination of other classes 
is going forward. And the same or similar questions 
should be asked in every school visited, and the answers 
will be, to some extent, an unexceptionable standard of 
comparison between the teachers and the schools. 

The committee should be careful to notice the manner 
in which the pupils spell and read. In reading, especially, 
there is great carelessness in many of our schools. Thej' 
should also observe the teacher's manners and mode of 
governiug. If the school is not provided with proper 
maps, blackboard, etc., by proper remarks on their uses 
and importance, they may be the means of inducing the 
district to pi'ocure them. 

Such inquiries should be made as will show how far the 
rules and regulations of the school committee are observed, 
as to teachers, books, the cleanliness and preservation of 
the school-house, the manners of the pupils, etc. 

Great care should be taken not to wound unnecessarily 
the feelings of teacher or pupils, and commendation should 
be bestowed wherever it is deserved. 

Selecting books. The schools have heretofore suffered 



178 COMMOK SCHOOL MANUAL. 

much from the great variety used. It has rendered classi- 
fication impossible, and whenever a scholar has changed 
his district or his school, a new set of books was to be 
purchased. Uniformity should be established in the 
schools of a town at least. And hy proper management, 
by procuring some person in the town or county to act as 
agent, a great saving in expense to the parents can be 
effected. In regard to the selection, the committee are 
entitled to the advice of the commissioner, and the benefit 
of his experience ; and it is expected that thej^ in turn 
will co-operate with him in such measures as he may re- 
commend or adopt to secure a uniformity of books in the 
state. 

But no rule which a committee maj- adopt as to the 
hooks to he used should be so framed or construed as to 
prevent a teacher from using explanations or illustrations 
to be found in other books upon any particular subject. 
In arithmetic and algebra it will be a profitable exercise 
for the teacher to give the pupils occasion all}- for solution, 
questions and problems from other books besides the pre- 
scribed ones. 

No book should be introduced into any public school 
by the committee, containing any passage or matter re- 
flecting in the least degree upon any religious sect, or 
which any religious sect would be likely to consider often- 
sive. 

Rules and regulations. The school committee should 
prescribe a system of rules and regulations respecting the 
age, admission, attendance, classification, studies, disci- 
pline and instruction of pupils, in all the schools ; the ex- 
amination and duties of teachers ; the kind of books to be 
used, etc. 

The age for admission should be uniform in all the 
districts of a town, as otherwise some districts may have 
the advantage over others in the apportionment of the 
public money. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 179 

Apportioning Money. — The committee, having ascer- 
tained what the^^can depend upon from the state treasury, 
the town, registr}' and other taxes, and having reserved an 
amount sufficient to defraj^ the expense of printing their 
report, will apportion it as soon as possible, according to 
law. But the}' are not authorized to paA' out or give an 
order to anj- district which has not maintained a school 
for at least six months during the year preceding. The 
law makes a district's comphing with these provisions for 
one year, a prerequisite to its receiving an}' money the 
next 3'ear. 

It will in all cases be desirable, and the safest course 
for the committee, to let the school money remain in the 
town treasury (at interest if possible) until the schools 
are kept, and not to give orders for it an}' faster than they 
are satisfied it is actually expended. It may then be paid 
to the teacher or his order, on his producing or sending a 
bill certified or allowed by the trustees, or otherwise, at 
the discretion of the committee. 

The committee will find it gi-eatly to their convenience 
to keep a separate book for their accounts. In this book 
a separate account might be opened with each school or 
school district, in which the district should be from time 
to time credited witli the money apportioned to them, and 
then charged with the orders which have been given to 
them. 

Another separate account may be so kept, by listing all 
the sums of money appropriated to schools on one side, 
and all orders given on the other, so as to show at any time 
the balance under the committee's control. 

Reports. — By the General Statutes, chapter 52, section 
5, trustees are to report to the school committee, at such 
time and in such form as the committee or commissioner 
may prescribe. These returns must be made in season to 
enable the committee to digest them, and prepare a report 



180 COMMON SCHOOL MANUAL. 

to the commissioner b\' Jul}' 1st; for which reports the 
commissioner will furnish forms. The committee are also, 
at the annual town meeting, to make a written or printed 
report to the town, of all their doings, the condition of 
the schools, plans for their improvement, etc. 

The committee are authorized to reserve enough (not 
exceeding $40) out of the school monej' to print their 
reports. And it is believed that no part of the school 
expenditure would do more good and tend more to keep 
up an interest in the schools, than this. 

The committee must aid in organizing districts, by 
giving the notice for the first meeting. And when there 
are no trustees, or when the trustees neglect to call meet- 
ings, the committee must call them. In such cases they 
may direct the mode of notice. 

An}' district when met, may vote to devolve upon the 
committee, with their consent, the whole management of 
their schools ; and in that case the committee can exercise 
in that district all the powers which the district itself 
might exercise ; maj' keep the school, have the custody of 
the school-house, fix the rate of tuition, etc. 

If any district neglects to organize, or if organized, 
shall, for the space of six months neglect or refuse to 
establish a school, the committee may, either b}' them- 
selves or their agent, employ and pa}- a teacher for the 
district. 

Gradation of Schools. — The school committee can pro- 
mote a gradation of schools, or a separation of the 
younger and the older scholars, and the primar}- and 
advanced studies into distinct schools or departments. 
But it has been decided that they cannot compel a district 
to establish graded schools. 

Whenever the schools of a town are managed inde- 
pendent of districts, a suflicient number of schools of 
different grades can be established by the committee, at 



REMARKS RELATING TO PUBLIC INSTRUCTION. 181 

convenient locations, vaiying the studies pursued ac- 
cording to the circumstances of the population. 

And in towns which are divided into districts, there are 
man}' villages and thickl}' settled districts, where a gra- 
dation of schools can be introduced. B}' separating the 
small children from the older scholars, the instruction of 
both can be carried on to greater advantage, and with a 
great econoni}^ of time and expense. B}- putting the 
small children under the care of a female teacher, they 
can have more of the teacher's time devoted to them, and 
will learn with a rapidit}' surprising to those who have not 
seen the effect of it. This enables the teacher of the 
large scholars to devote his whole attention to their im- 
provement. 

The}' ma}- recommend the union of two or more adjacent 
districts, for the purpose of establishing a secondary or 
grammar school for the older and more advanced pupils of 
each district. This can be done to advantage in almost 
eveiy town. 

Records. — At the beginning of the year the committee 
should have a warrant or certificate of their election from 
the town clerk (see form), which it would be well to have 
made upon the record book itself, as loose papers are 
often lost. Then let the certificate of engagement follow 
in order. 

The clerk should record any motion negatived, as well 
as those adopted, as parties may be interested, and have 
a right to appeal, in many cases, from a negative vote as 
well as from an affirmative one. 

When it can be conveniently done, the minutes of the 
proceedings, as drawn out by the clerk, should be read in 
open meeting, or at the next meeting, for correction, if 
necessary. Misunderstandings may thus be prevented. 

The clerk should alwa^-s record the names of the mem- 
bers of the committee present at any meeting. He should 



182 COMMON SCHOOL MANUAL. 

also keep the copies of all absti'acts, and all reports made 
to the commissioner, so that the committee maj'have them 
for future reference and comparison. 

SCHOOL SUPERINTENDENTS. 

By the new act, a town may elect, or, failing to do so, 
its school committee must appoint, a superintendent of 
schools. In such case the superintendent will perform 
such duties as the committee ma}' assign him. 

While great good may be accomplished by the appoint- 
ment of some qualified person, especially to supervise the 
schools, it was not intended that the creation of the office 
of town superintendent should relieve the other members 
of the school board from an active participation in this 
work. The school law renders this duty obligatory upon 
all the members of the school committee, and for their ser- 
vices they should receive a proper compensation. A town 
officer should be personallj^ familiar with all the schools of 
the town ; but this he cannot be, if he delegates the whole 
duty of visiting and supervision to some other person. 
In those towns where the school committee and superin- 
tendent exercise this mutual oversight, there is a natural 
and necessary concurrence of opinion, as to the merits or 
demerits of school operations, and the most thorough har- 
mony of sentiment, with respect to methods of improve- 
ment. Hence, school committees are urged to an increase 
rather than a diminution of personal attention to each 
school, even where the town enjoj's the full labors of an 
efficient town superintendent. 

The salary of the school superintendent should be fixed 
hj the school comuiittee, rather than by the people at their 
annual election. Often a spirit of generosit}' for public 
schools on the part of a large number of the best citizens, 
will be overruled b}- an opposite spirit of niggardly econo- 



REMARKS RELATING TO PUBLIC INSTRUCTION. 183 

my, advocated b}^ others, who may be small tax pa^-ers 
and ignorant besides. 

The following suggestions are submitted concerning 
town superintendents : 

1. Each town should have a good superintendent of 
schools, elected by the school committee. 

2. Where one town is not able to secure such an officer, 
two contiguous towns should unite in electing the same 
officer for both towns, his salaiy to be fixed b}' the school 
committees of the towns, and paid by both towns, jointl}^ 

3. This officer should be paid such a salary as will 
enable him to devote the whole or a large portion of his 
time to the work. 

4. He should visit and inspect the schools, suggest im- 
provements in instruction and government, hold teachers' 
meetings, and public meetings in the several school dis- 
tricts of the town, and in every wa}' foster and encourage 
the work of public education. 

5. He should never examine teachers by himself, but in 
connection with the school committee, and should sign and 
annul certificates, only by the approval of the majority of 
the school board. 

6. He should allow no text books to be used in the 
schools, except such as are approved bj' the school board 
of the town. 

7. He should see that the rules and regulations of the 
school committee are honored and enforced, and should 
make a written report on the condition of the schools to 
the school committee at each quarterl}- meeting of that 
bod}', such report to be embodied in the report of the 
school committee, to be printed and distributed annually, 
among the citizens and families of the town. 



184 COMMON SCHOOL MANUAL. 

BRIEF SYNOPSIS OF DUTIES OF SCHOOL COMJnXTEES. 

1. The examination of teacliers. 

2. The granting of certificates to teachers for one A'ear, 
and the power to annul the same. 

3. The location of all school-houses. 

4. The visiting ever}^ public school in the. town, at least 
twice during each term. 

5. The adoption of all rules and regulations relating to 
the management, of schools. 

6. The susf)ension of pupils from schools. 

7. The adoption of new text-books b}' a vote of two- 
thirds of the whole school board. 

8. The apportionment of the public money to the several 
school districts. 

9. The contracting with teachers and the management 
of all school affairs, when so authorized by the town. 

10. The written approval of all district taxes. 

11. The drawing of all orders on the town treasurer for 
school money. 

12. The annual division of unexpended school money 
among the districts. 

13. An annual report to the town, to be read in open 
town meeting. 

14. A printed report to the commissioner of public 
schools, on or before the first daj' of July in each j-ear. 

15. The formation of all new school districts, the alter- 
ation or discontinuing of school districts, and the approval 
of the formation of joint and consolidated districts. 

16. The holding of quarterl}' meetings on the second 
Mondays of Januaiy, April, Jul}' and October in each 
year. 

17. The appointment of a town superintendent of 
schools, when that officer is not elected at the annual 
town meeting. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 185 

18. The school committee may call district meetings in 
certain cases. 



TRUSTEES. 

One or three trustees are to be appointed by a district 
at its annual meeting. If b}' an^' accident an election is 
not made then, or if a vacancy occurs, the district ma}^ 
elect afterwards. And if a special meeting is called to 
fill a vacanc}- occasioned by resignation, the warrant to 
call the meeting must state that an election is to be held. 
Trustees hold their oflfices until their successors are ap- 
pointed ; and can onl}' be removed from their office for 
cause, and after notice and trial. 

If there are three trustees, a majority can act. " Where 
a body or board of officers is constituted by law to per- 
form a trust for the public, or to execute a power or per- 
form a duty prescribed by law, it is not necessary- that all 
should concur in the act done. The act of the majority 
is the act of the bod}'. And where all have due notice of 
the time and place of meeting in the manner prescribed by 
law, if so prescribed, — or b}' the rules and regulations of 
the bod}' itself, if there be any, — otherwise if reasonable 
notice is given, and no practice or unfair means are used 
to prevent all from attending and participating in the pro- 
ceeding, it is no objection that all the members do not at- 
tend, if there be a quorum." [21 Pick. Rep. 28.] All 
business must be done at a meeting of the board. 

The trustees must emplo}' the teacher. In emplo^'ing a 
teacher or assistant teacher, trustees should be cautious to 
emplo}' no one who has not a legal certificate, and not to 
employ one after notice that his certificate is annulled, as 
in such a case the trustees would be held personally' liable 
for the teacher's wages. (See the form.) The trustees 
should see that the teacher keeps a proper register of at 



186 COMMON SCHOOL MANUAL. 

tendance, in order that the district msiy receive its due 
portion of school mone}" next year ; and when the school 
is over, this register should be deposited with the trustees, 
or in the office of the clerk of the district. The}' should 
require the teacher to furnish them with such items of in- 
formation as are necessary- to make out their annual report 
to the town committee, which report should be made about 
the first of Ma}', or sooner if the school is out, or at such 
time as the committee shall fix. Forms of these reports 
will be furnished to the districts, and can be obtained from 
the committee or from the town clerk's office. 

If trustees appropriate any of the public monej^ to pay 
a teacher not legally examined, the}' are liable to a penal- 

ty. 

If any scholars can more conveniently attend school in 
an adjoining district, trustees are authorized to make a 
bargain for that purpose. They should also take care 
that the school is kept in a house which will not be disap- 
proved of by the committee of the town. 

Trustees should regard the visiting of the schools as one 
of the most important of their duties, which should by 
no means be neglected. 

When g, district is organized and has trustees, they are 
to notify the annual and special district meetings, and if 
there is no district school-house, or place appointed by 
the district, they are to fix the place of meeting. If the 
trustees on application neglect to call a meeting, the 
school committee may call it. 

Trustees, for refusal to discharge any duty, call a meet- 
ing, assess a tax, &c., &c., are liable to a penalty. And 
the supreme court would probably, upon application, com- 
pel any school officer, by writ of mandamus, to discharge 
any duty plainly imposed on him by the law. 

Trustees should encourage meetings of teachers in their 
neighborhoods, for mutual improvement. And if any 



REMARKS RELATING TO PUBLIC INSTRUCTION. 187 

teacher neglects or refuses to attend a teachers' institute, 
when organized under proper auspices, and when he can 
convenientl}', it should be regarded as a sign of unfitness 
for the place. No one is so well qualified, as not to be 
able to learn from his fellows many useful hints as to 
methods of teaching, books, &c., and no one should be 
unwilling or too proud to learn. 

Trustees should see that an inventory of all the maps, 
books and other property belonging to the district, is made 
from time to time, and preserved among the papers of the 
di'strict. 

Ever}^ district should possess a dictionary, to be kept 
as an appendage to the school-house. l^Eaps of the State, 
the United States, and of the town (if there is one,) should 
be procured. 

The trustees should keep a regular account of all moneys 
they may receive from assessments or other sources. 

Trustees should recollect that in order to obtain from 
the school committee any order for mone}', they must have 
made a proper return from their district, for the year end- 
ing on the first of May previous, and must also furnish to 
the committee a certificate that the "teachers' money," 
(that is, the money which the district received from the 
town treasurer as their part of the State appropriation,) 
for the year ending the first of May previous, had been ap- 
plied to the wages of teachers, and for no other purpose 
whatever. 

The return of the district should include the whole time 
during which any portion of the public money has been 
used to support the school. 

For further particulars, see the law. See also the 
forms. 



188 COMMON SCHOOL MANUAL. 



DISTRICTS. 



Ill order to be eligible to an^' district office, a person 
must possess the qualifications of a voter ; and any voter 
may be elected to any district office. 

It is sufficient if the person elected have the qualifica- 
tions of a voter at the time of his election. He will not 
afterwards lose the office b}" losing his qualification to 
vote. 

To enable a person to vote in district meeting, he must 
reside in the district and possess the qualifications requis- 
ite to entitle him to have his name put upon the voting list 
of the town ; but his name need not actually' be upon the 
list. 

Meetings. — As to notif^^ing meetings, see title ix, chap. 
49, sec. i). When met, the district must organize by 
choosing a moderator and clerk. The moderator need not 
be engaged. The clerk may be engaged in open meeting 
by the moderator, and the clerk may then engage all other 
district officers, and his record will be evidence of his own 
and their engagements. Everj'^ district meeting may 
choose a moderator, who will preside at the meeting and 
an}' adjournments of it. But the clerk is an annual 
officer. When met the}' ma}' vote to devolve the care of 
the district school on the school committee, or ma}' ap- 
point one or three trustees to manage it. If they tail to 
appoint officers at their annual meeting, they may ap- 
point them afterwards, and may fill vacancies at any time. 

If the moderator refuses to put questions to vote, of it 
he or any other district officer violates the law, he is liable 
to pay a fine. 

The annual district meeting is to be in March, April or 
May, but special meetings may be called by the trustees 
at any time. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 189 

Inhabitants of districts may be witnesses in all cases, 
and so may prove (if disputed) the legalit}' of the notice 
and meeting, and the clerk's record that the meeting has 
been duly notified, will be prima facie evidence of the fact. 

Vacancies may arise from a variety of causes. A re- 
signation need not be in writing. The person I'esigning 
should give information of it to the person or corporation 
authorized to fill the vacancy. 

At all district meetings a reasonable time should be al- 
lowed for the people to assemble . And if in the course 
of proceeding, an}" legal vote is rejected, or any illegal 
vote is received by the moderator, by which the result is 
affected, an appeal may be taken to the commissioner for 
redress. 

Quorum of District Meetings. — It has been repeatedly 
decided in the courts of England and this country, that at 
common law, where there is no statute provision, when a 
meeting of a corporation, consisting of an indefinite num- 
ber of persons, (as towns, districts, &c.,) is properly no- 
tified, no particular number is requisite to form a quorum, 
but a majorit}' of those present may act. 

To require a majoritj' of the voters of the district, would 
in many cases prevent the doing of any business at all. 
And to fix any particular number would be difficult, be- 
cause there are some districts where this number would be 
more than the whole number of voters. The law has 
therefore required the notice of the meeting to be given 
with great particularity, and then presumes that every 
voter who does not attend, assents to what is done b}^ 
those present. 

At the same time it will not be advisable to proceed in 
any matter of importance, such as laying a tax, &c., un- 
less a respectable number of voters attend. 

Reconsideration. — A district may reconsider and re- 



190 COMMON SCHOOL MANUAL. 

sciud an}^ vote at an}- time before any contract has been 
made under it. But after a contract has been made, or 
an individual has incurred anv expense or liabilities in 
consequence of a vote of the district, thev cannot -n-ith 
justice rescind it. And if rescinded, they -n-ill be held lia- 
ble to make good all damages and losses incurred. 

Taxation. — The districts have power to build, purchase, 
hire and repair school-houses, provide blackboards, maps, 
furniture, a clock, a school librar}", bell, record and 
account-books, mats, scrapers, water-pails, and other 
necessary and useful appendages. The law gives them a 
general power to tax for school purposes. The}' ma}- tax 
to pay rent of a hired house. The}' may also tax to repaii' a 
hired house, provided they have a valid lease of it for a 
definite period. And to guard against any abuse of this 
power, the tax must be approved b}' the school committee, 
and the plans for building and repairs must also be ap- 
proved b}^ the committee or commissioner. And in all 
cases of la3'ing taxes, it is necessary to specifj' the 
precise amount, or the precise rate of the tax. 

All taxes must be voted and collected according to the 
present school act, all the former town and local acts be- 
ing repealed, and it is best that ever}- tax should be voted 
by specific sum and not by so much per cent. 

On laying a tax, or on any question relating to the ex- 
penditure of money, those only are entitled to vote who 
shall have paid or are liable to pay taxes. 

If the district vote to have their tax assessed according 
to the last town valuation, the trustee or trustees will im- 
mediately proceed to make out the tax bill accordingly. 
If there are any complaints of wrong valuation, it would 
be well for the district to postpone the tax until the next 
town assessment is completed, to give the parties an op- 
portunity to be heard before the town assessors. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 191 

If any propert}^ within the district is assessed to any 
person, together with property out of the district, so that 
there is no separate valuation of that portion which may lie 
within the district lines, and in the other cases referred to in 
Title IX., chap. 51, sec. 2, the trustees should appl3'in writ- 
ing to one or more of the town assessors, living out of the 
district, stating the names of the parties so situated ; and the 
assessor will immediately issue a notice, and at the expira- 
tion of the ten days, proceed to decide and apportion the 
valuation. The assessor should certify the facts upon 
the tax bill when made out. As the assessor is called 
upon to act in these cases solely upon business of the dis- 
trict, his fees shall be paid by the district. The trustees 
should see that the assessor has taken his engagement be- 
fore he acts in the case. 

Persons must be taxed for personal property according 
to their residence when the assessment is made. The 
general rule as to taxation is, that personal property shall 
be taxed to the owner where he resides, and real estate 
where it lies. A few exceptions from this rule, made by 
statute, are hereafter referred to. 

If any property has changed owners since the last town 
valuation, it of course must be assessed to the actual own- 
ers at the time the school-tax bill is made out. This is 
the reasonable construction of the law. 

The following is an abstract of the existing tax laws of 
the State ; but a collector, before proceeding to act, should 
alwa^'s inquire if the}" have been alteretl or amended. 

In assessing a tax, real and personal estate must be 
valued separately, and put in separate columns, and the 
assessors must distinguish those who give in a list. They 
may assess it either to the owner or occupant. It should 
not be assessed against a person deceased. If the last 
town assessment is defective in a.nj legal requisites, the 



192 COMMON SCHOOL MANUAL. 

district may vote to go hy the next assessment, and in 
the mean time endeavor to have them remedied. 

Meeting-houses, school-houses, academies and colleges, 
the land on which the}' stand, and burial-grounds, are ex- 
empted from taxation. Buildings on leased land are to 
be deemed real estate. The custom houses in Newport 
and Providence are exempt. No poll-tax can be laid for 
any purpose. It has been decided in Massachusetts, that 
a person residing on lanrl ceded to the United States, and 
where the State has onl}' reserved a right of serving pro- 
cess, is not taxable. (8 Mass. Rep. 72 ; 1 Metcalf, Eep. 
680.) Machinerj' in cotton and woolen factories is to be 
taxed in the towns where located, in the same manner as' 
if the owner resided there. 

Personal propert}^ in trust, the income of which is to be 
paid by some other person, must be assessed to the trus- 
tee in the town where such other person resides, if in the 
State, but if such person lives out of the State, then it is 
to be taxed where the trustee, executor, &c., resides. 

Personal property' in the hands of the executors, guar- 
dians, &c., is to be taxed to them in the town where the 
deceased dwelt or the ward resides. 

Collection of Taxes. — The mode of distraining and sell- 
ing personal property is pointed out in the general statutes. 
The mode of notifying and selling land for taxes is also 
prescribed by law. If he find no real or personal estate, 
he may commit the bodj'. If a person is taxed for more 
than one parcel of land, the whole tax ma}' be collected 
out of an}' one parcel. If real estate is assessed to the tenant, 
the tenant's own real and personal estate is liable to be 
taken for the tax, and if that cannot be found, the land in 
his occupation is liable. A tax warrant remains in force 
until the whole ta-x is collected. The collector's fees are 
to be paid out of the district treasury, and will be five 



REMARKS RELATING TO PUBLIC INSTRUCTION. 193 

per cent., unless be makes a different agreement with the 
district. If the collector dies or resigns, the new collector 
will have power to complete the collection. The oath of 
the collector is admitted to prove a demand. Any dis- 
trict may offer a deduction to those who pa}' in time, or 
impose a percentage on those who do not. 

Any person committed to jail for a tax, rate or assess- 
ment, may swear out in the same manner as if he was 
committed for town taxes. And anj' person assessed for 
district taxes may take the poor debtor's oath before 
being committed. 

The uniform, arms, ammunition and equipments of an 
officer or private in the militia, cannot be distrained for 
taxes. And household furniture, famil}' stores, tools, 
etc., are in some cases protected from <listress. 

Owners of real estate, or buildings sold for taxes, may 
redeem within one 3'ear after sale, on paying to the 
purchaser the amount paid therefor, with twenty' per cent, 
in addition. 

B}' the new school act, the trustees are to assess the 
taxes (except in the cases where an assessor is to be 
called on) and the trustees issue the warrants immediately 
to the collector. And the district may vote to have it 
collected by the town collector. Any person neglecting 
to appear before the assessor after notice given, has no 
remedy. Any tax or assessment not appealed from can- 
not be questioned in court afterwards. Provision is made 
for correcting errors and re-assessing a tax. As to cases 
of persons affected b}' a change of boundaries of a dis- 
trict, see tax in the index. 

[See the forms and notes, and especially the notes to 
the form of a vote for lading a tax.] 

Use of school-Jiouse for other purposes. — A school-house 
built or bought b}- taxation on the property of the dis- 
trict, should not be used for any other purpose than keep- 
9 



194 COMMON SCHOOL MANUAL. 

ing a scliool, or for purposes clirectlj' connected with 
education, except hy tlie general consent of the tax pa3'ing 
voters. The law gives the district the power of raising 
mone^' b}' tax for no other purposes. To construe it 
otherwise, would be indirectly- to give to the mfijority of a 
district tire power to erect a meeting-house for themselves, 
and to tax those of a different persuasion, who constituted 
the minority', to help build it. But where a school-house 
is given to the district or built b}' subscription, its use 
will of course depend upon the terms of the donation or 
subscription. 

A district cannot vote to dissolve itself. Such a vote 
will be whollj' null and void. It can be dissolved b}- the 
school committee alone. 



UNION OE DISTRICTS. 

There are three provisions made in the law for uniting 
districts. Anj* two districts may form a partial union for 
th3 purpose of supporting a higher, secondary- or grammar 
school. This would not probably- be found so convenient 
in practice as an entn-e union under the succeeding pro- 
visions. 

Any contiguous districts in adjoining towns may be 
united by the school committees, and adjoining districts 
in the same town may consolidate themselves. When 
united they constitute a single district, and their atfairs 
must be managed in the same wa3- as if originally one 
district. They may prescribe the mode of notilying their 
meetings, lay taxes, etc. But Ihej' will be entitled to the 
same proportion of puljlic money the}' would receive if 
not united. 



i 



REMARKS RELATING TO PUBLIC INSTRUCTION. 195 



DISTRICT CLERK. 

The district clerk sliould be engaged b}" the moderator 
in open meeting and make a record of it. If not engaged 
in open meeting, he should be engaged before some officer 
mentioned in Title ix., chapter 58, section 2, and have a 
certificate of it, which it would be better to have made in 
the district record book. When engaged, he may engage 
all other district officers, and should enter all such cases 
in his record book. 

He should make himself thoroughly' acquainted with all 
the provisions of the law relating to district meetings, 
notices, etc., as upon his proceedings and proper manage- 
ment their legality will in man}" eases depend. 

When a trustee, treasurer, etc., is elected, the clerk 
should make out and sign and seal a warrant or certificate 
of his election, upon which he may be engaged. [See 
forms.] 

The clerk should, at the request of an}' person interested, 
record a motion which is negatived, as well as a motion 
passed, as in many cases a person may be entitled to an 
appeal. And he should record the number and names of 
the voters on request. 

In the record of every meeting, it would be well for the 
clerk to state how the meeting was notified, and when and 
by whom the notices were posted up. In many cases, at 
some distance of time, it might be important to know how 
the meeting was notified, and the evidence of it should 
not be left to depend upon mere recollection. The record 
of the clerk is m:\(\e prima facie evidence that the meeting 
was legally notified, and inhabitants of the district can be 
admltte 1 to prove the notice. But it would be easy and 
best to preserve one of the original notices themselves, 
especially when a tax is to be voted. 



196 COMMON SCHOOL MANUAL. 

It would be well also for the clerk, at the close of every 
meeting, to read aloud the minutes he has made of the 
proceedings, so that an}' mistake may be corrected at the 
time. 

The clerk is to procure a bound record book at the ex- 
pense of the district. For an}- wilful neglect or refusal to 
perform an}- dutj-, he is liable to indictment, and the su- 
preme court would probabl}-, upon application, compel 
him by writ of mandamus to perform anj dut}-. [See 
Cleric, in the Index.] 

DISTKICT TKEASTJEER. 

It would be well for the treasurer to have a certificate 
of his election or warrant [see form] and be engaged.. He 
need not give bond unless required. But if the district 
requires him to give bond, the district should fix tlie sum 
and approve of the surety or sureties. 

His duties are very simple : to keep the district's 
money, if they have an}', pay it out to order, and keep 
proper accounts of it, and exhibit them to the trustees or 
district when required, 

DISTKICT COLLECTOR. 

[/See the forms for collecting taxes and notes.'] If the 
district requires the collector to give bond, the district 
should fix the sum. And it would be well also to have 
the district approve of the surety or sureties. 

TEACHERS. 

Every teacher is required to keep a register of all the 
scholars attending the school, their sex, names, ages, 
names of parents or guardians, the time when they enter 



REMARKS RELATING TO PUBLIC INSTRUCTION. 197 

and leave school, their daily attendance, and the dates 
when the school is visited by the commissioner, committee 
or trustees. Forms for these registers will be prepared 
bj' the commissioner. He must also furnish the trustees 
or district with such information as may be necessary to 
make the returns required by the school committee. 

The teacher should inform the committee of the time oT 
commencing and closing his school, in order that they 
ma}'^ know when to visit it. 

It is important that the register be correctly kept, and 
the average rightly calculated, as upon that depends the 
amount of money the district will receive next ^^ear. 

To ascertain the average daily attendance the following 
rule has been adopted for the Teachers' Register in this 
State I 

To find the average dail^^ attendance of the school, 
divide the whole number of days of attendance of all the 
pupils b}' the whole number of school daj'S in the term, 
and the quotient will give the average attendance. Thus, 
the average attendance of a school of fifty pupils for a 
term of sixty daj's, would be found by dividing the sum 
of the dail}' attendance of the pupils by sixty, the number 
of days in the term. 

To find the percentage of attendance, divide the average 
daily attendance by the whole number of pupils regis- 
tered. If a school of fift}^ pupils has an average daily 
attendance of fortj'-eight, the percentage of attendance is 
ninet3--six. 

The law establishes a uniform rule which should be 
adopted as to scholars belonging to one district who attend 
school in another. 

When a district allows an}- of the children belonging to 
it, to attend school in another district, and pays for them, 
it seems reasonable that the district which pa3's for them 
should be entitled to reckon them in making out its own 
average attendance. 



198 COMMON SCHOOL MANUAL. 

The teacher should conform to all regulations of the 
school committee, in regard to liours, discipline, books, 
etc., as for an}' violation of them, his certiticate ma}- be 
annulled, or he may be dismissed. lie ma}- (if the school 
committee by regulation authorize it), suspend a scholar 
temporarily, until a hearing can be had before the com- 
iftittee, in which case he should immediately notify the 
committee. 

The teacher should assist the trustees by all the means 
in liis power, in making proper reports, as upon the ac- 
curacy and fulness of these reports may depend the success 
or failure of many provisions of the law, as well as the 
wisdom of future alterations of it. 

The law requires that the teacher should be qualified to 
teach certain branches. But he may teach other branches, 
and should endeavor to qualify himself for teaching the 
higher branches. 

If the teacher has a proper sense of the importance of 
his position, and conducts himself accordingly, he will 
secure to himself the affection and respect of the people 
of his district, by exerting his utmost powers to promote 
the moral and intellectual advancement, not only of his 
scholars, but of the community around him. The moral 
influence he may exert by his example and instructions, 
can hardly be estimated. And he may, by encouraging 
lectures and literary meetings, aid in diffusing much 
useful information. 

In regard to the use of the Bible in schools, two obser- 
vations occur here. If the committee presciibe, or the 
teacher wishes to have the Bible read in school, it should 
not be forced upon any children whose parents have any 
objections whatever to its use. In most cases tlu- teacher 
will ha\e no difilculty with the parents on this subject, if 
he conducts with proper kindness and courtesy. In the next 
place, no scholars should be required to read the Bible 



REMARKS RELATING TO PUBLIC INSTRUCTION. 199 

at school, until they have learned to read with tolerable 
flaenC3-, To use it as a text-book for the younger scholars, 
often has the effect of leading them to look upon it with 
the same sort of careless disregard, and sometimes dis- 
like, with which tliey regard their other school-books, 
instead of that respect and veneration with which this 
book of books should always be treated and spoken of. 

There is another object, in the attainment of which 
teachers may materiall}^ aid. In almost every school, 
there will be pupils studying drawing. B}' encouraging 
these to draw a plan of the district, he may not only 
give his scholars most valuable lessons in the practice of 
the art, but b}' overseeing and ascertaining its correctness, 
maj' aid in procuring a good map of the town and state. 
These maps might be drawn on a scale of rods to an 

inch, and represent the rivers, roads, principal buildings 
and farms, and an}' remarkable monuments and natural 
features of the district. Copies could be sent to the school 
committee, who might put them together, and thus obtain 
a correct map of their township. 

Power to Pimitih. — The teacher should endeavor to 
exercise an inspection over the conduct of his scholars 
at all times. But the power to punish for offences com- 
mitted out of school is doubtful. 

In a case where a boy had committed a theft out of 
school, the teacher called him to account for it, and 
punished him for refusing to answer. The court ruled 
that the teacher had no right to punish him for refusing to 
confess a crime for which he might be punished at law. 

It has alwa3-s been difficult to define the extent of the 
power of the teacher over his pupils out of school. The 
same difficulty- has been met with in other states and 
countries. 

The following upon this subject is from an excellent 
French treatise upon education, hy J. Willm, Inspector of 
the Academy at Strasbourg (p. 176) : 



200 COMMON SCHOOL MANUAL. 

" The last question which presents itself is, how far 
teachers should pay attention to the conduct of pupils out 
of school, and especially at the time when they resort to 
it or return home. The road leading to school is truly a 
part of it, if we may so speak, as well as the play-ground. 
Consequently anj' disorders committed by the pupils on 
it, ought to be suppressed b}' the teacher. He ought 
especially to watch over them at their play, for the sake 
of discipline, as well as for that of education in general. 
Their games are, as has been said, of serious importance 
to him. The conduct of the pupils, when under the pater- 
nal roof, and everywhere but in the school or the road 
leading to it, escapes all the means of discipline ; but the 
teacher ought not to be indifferent to that conduct, es- 
pecially in the countr^^ ; he should carefully' inquire con- 
cerning it, for the sake of moral education. For the same 
reason, he will have to watch over his own conduct out of 
school, and avoid whatever might tend to diminish the 
respect his pupils owe to him, and which is the chief con- 
dition of the success of his mission." 

The following remarks upon the same subject are from 
the tenth report of Hon. Horace Mann, late secretary of 
the Board of Education in Massachusetts ; 

" The question is not without some practical difficult^-, 
how far the school committee and teachers may exercise 
authority' over school children, before the hour when the 
school begins, or after the hour when it closes, or outside 
of the school-house door or yard. 

" On the one hand, there is certainh" some limit to the 
jurisdiction of the committee and teachers, out of schoo^ 
hours and out of the school-house ; and on the otlier hand, 
it is equally plain if their jurisdiction does not commence 
until the minute for opening the bchool has arrived, nor 
until the pupil has passed within the door of the school- 
room, that all the authorit}- left to tliem in regard to some 



EEMARKS RELATING TO PUBLIC INSTRUCTION. 201 

of the most sacred objects for which our schools were in- 
stituted, would be but of little avail. To what purpose 
would the teacher prohibit profane or obscene language 
among his scholars, within the school-room and during 
school hours, if they could indulge it with impunity, and 
to any extent of wantonness, as soon as the hour for dis- 
missing the school should arrive ? To what purpose would 
he forbid quarrelling and fighting among the scholars, at 
recess, if they could engage in single combat, or marshal 
themselves into hostile parties for a general encounter 
within the precincts of the school-house, within the next 
five minutes after the school-house should be closed ? And 
to what purpose would he repress insolence to himself, if 
a scholar, as soon as he had passed the threshold, might 
shake his fist in his teacher's face, and challenge him to 
personal combat ? 

" These considerations would seem to show that there 
must be a portion of time, both before the school com- 
mences and after it has closed, and also a portion of space 
between the door of the school-house and that of the 
paternal mansion, where the jurisdiction of the parent on 
one side, and of the committee and teachers on the other, 
is concurrent. 

" Many of the school committees in this commonwealth 
have acted in accordance with these views, and have 
framed regulations for the government of the scholars, 
both before and after school-hours, and while going to and 
returning from the school. The same principal of neces- 
sit}^ bj^ virtue of which this jurisdiction, out of school 
hours, and beyond school premises, is claimed, defines its 
extent and affixes its limits. It is claimed because the 
great objects of discipline and of moral culture would be 
frustrated without it. When not essential, therefore, to 
the attainment of these objects, it should be forborne." 

That the teacher may know that the law has amply pro- 



202 COMMON SCHOOL MANTJAL. 

vided for the protection of his school against all who may 
he disposed to disturb it, we publish here the provision of 
the law : 

" Every person who shall wilfully interrupt or disturb 
any town or ward meeting, an}- assembly of people met 
for religious worship, any public or private school, any 
meeting lawfully- and peaceably held for purposes of moral, 
literary or scientific improvement, or an}^ other lawful 
meeting, exhibition or entertainment, either within or 
without the place where such meeting orschool is held, 
shall be imprisoned not exceeding one 3'ear, or be fined 
. not exceeding five hundred dollars." 

A complaint for this offence may be made to the attor- 
nej'-general, or smj justice of the peace. 

APPEALS. 

The law has wisel}- provided a cheap and eflScient mode 
of settling all disputes arising under the school-law. It 
was intended to save the expense of litigation to districts 
and individuals, and it is believed that it has already had 
the effect of saving a great expenditure of mone}^ in this 
way, as well as effecting a more speed}' settlement of diffi- 
culties, which, if continued, would interrupt the harmony 
of the districts and injure the schools. An appeal may be 
taken to the commissioner [see the Forms], and he will 
hear the parties without cost, and his decision is to be final. 
"When questions of law arise, provision is made for laying 
them before one of the judges of the supreme court, but 
the judges will not examine or hear the parties upon the 
facts of the case. 

Any party neglecting to appeal from a vote to tax, or 
assessment of a tax, cannot question it afterwards, pro- 
vided the meeting was legally notified, and the tax ap- 
proved, etc. 



KEMAEKS RELATING TO PUBLIC INSTRUCTION. 203 

It has been settled that an appeal brings the whole 
question up, and that the commissioner in many cases is 
not confined to confirming or reversing the proceedings 
appealed from, but may make a new decision. 

All appeals, however, should be taken within a reason- 
able time, and before anj contract is made, or liabilitj^ 
incurred, under the vote or act appealed from. If the 
appeal is not made within such a reasonable time, that 
circumstance alone will be a sufficient reason for dismiss- 
ing it. And no appeal will be entertained unless made 
by the part}- aggrieved. 

DEAF, DUMB, BLIND, IDIOTS, AND INSANE. 

The sum appropriated for the deaf and dumb, blind and 
idiots, is three thousand dollars annually', and the gover- 
nor of the state is appointed to distribute it. 

As there are a number of these in every town in the 
state, the school committees and friends of education and 
humanity should look them up and see that they receive 
their proper share of the appropriations. 

LIBRARIES. 

Towns and districts are authorized to maintain school 
libraries. In a part of the towns librar}^ associations 
have been formed, and in some towns, several. These 
school libraries alone now contain a great number of 
volumes accessible to all. In all towns or neighbor- 
hoods where there are none, exertions should be made at 
once to obtain them. The commissioner will always be 
read}" to aid in every wa}- in his power. 

A list of the school libraries already formed may be 
seen in the Journal, vol. 3, p. 428. For many of these 
the public are indebted to the exertions of the first com- 



204 COMMON SCHOOL MANUAL. 

missioner, Mr. Barnard, aided bj' several public-spirited 
gentlemen in Providence. 

The following is a proper form for the constitution of 
an association for establishing and maintaining a public 
library : 

FORM OF INCORPORATION. 

We, the subscribers, agree to associate and incorporate 
ourselves for the purpose of maintaining a public library, 
b^' the name of the under the provisions contained 

for that purpose in the General Statutes, and to be 
governed by the following constitution : 

Article 1. This association shall be called the 
The library- shall be established and maintained at such 
place or places within the town of as the directors 

may from time to time appoint. 

2. The officers of the association shall be a president, 
vice-president, secretary, treasurer, and librarian, who 
shall constitute a board of directors for the management 
of the business of the association, according to such rules 
as the association may from time to time adopt. 

3. The annual meeting shall be held at on 

and any officer shall be elected b}' ballot if demanded by 
anj^ members. [The treasurer and librarian shall 

give bonds to the corporation in the sum of each, 

with security to the satisfiictiou of the president for the 
faithful discharge of their duties.] 

4. Anj' member, for disorderlj- or immoral conduct, may 
be expelled, and an}- oflicer, for misconduct, ma}- be re- 
moved at an}- regularly notified meeting of the society. 

5. The directors ma}- make all such regulations as the}' 
may deem proper for the government of the library, and 
prescribe fines for non-compliance, and may, in any case 



REMARKS RELATING TO PUBLIC INSTRUCTION. 205 

•f misuse of books, prohibit anj' person from vising the 
library until satisfaction is made. 

6. The librarj- shall be held by the association, not in 
shares for the benefit of shareholders, but in trust for the 
public benefit ; to be open to all who shall compl}' with 
such reasonable rules as shall from time to time be made 
b}' the association or directors ; and for the purpose of 
continuing the existence of the corporation, the associa- 
tion will from time to time elect as members such persons 
as the}' shall think most likelj' to co-operate zealously' in 
promoting its objects. No member shall be admitted 
unless proposed at a previous meeting. 

[XoTE TO Art. 5. This section will answer for all cases where the 
library is established by donations, and is intended to be for tlie bene- 
fit of the whole public. And this is undoubtedly the best plan for get- 
ting up such libraries. In this ease, the corporation might be named 
"The Trustees of the Library." 

But if the library is intended to be owned in shares, and for the bene- 
fit of the shareholders, this article should be altered accordingly. 
They will then \ave the power to assess the shares and to sell them 
for non-payment «>f assessments. In this case, the shareholders will be 
the members and compose the corporation. The law provides how 
the shares may oe Vansferred.] 
\ 

7. This constitiation may be amended at any annual 
meeting, provided r^^tic^ of the intended amendment has 
been given at somi^ previous meeting. The secretary 
shall cause this constits^ion and all alterations thereof to 
be recorded in the recoi-cSsj of land evidence of the town of 
as the law veouiiVs. 

The above are all the piovisions necessary to be in- 
serted in the constitution. Another provisions had better 
be made in the shapeof rules ov regulations, which might 
be altered from time io time with less trouble. 

Whenever it is intehded to establish a permanent libra- 
ry, it will always belmost prudent to be incorporated as 
above. If a library isbwned b}^ several persons unincor- 
porated, it will be liaple to division, and each one's in- 



206 COMMON SCHOOL MANUAL. 

terest liable to attachment. In a corporation, the shafc- 
onlj' could be attached, and where the corporation hokU 
the library' merel}^ as trustees (as provided in Art. 6, 
above), no individual would have any attachable Interest 
whatever. 



FORMS. 



These forms have been prepared in order to assist 
those Tvho may be disposed to undertake any office or 
duty under the school laws, to save them expense and 
trouble, and to bring about a uniformit3' of practice, as 
far as can be done. These forms are not prescribed by 
law, but are believed to conform substantially to the law, 
and to be safe precedents. 

1. Warrant or Certificate of Election of School Officers. 

To of greeting : 

This certifies that 3'ou, the said were at a [town 

or district] meeting, held on the da}' of a. d. 

18 chosen to the office of of [the town or district 

No. ] and are by virtue of said appointment fully 
authorized and empowered to discharge all the duties of 
said office, and to exercise all the powers thereto belong- 
ing, according to law. 

[l. s.] Witness my hand, and the seal of said [town or 
district] hereto affixed b}^ me, this day of 

A.D. 18 



2. Engagement of School Officers. 

Town of A. D. 18 

Before the subscriber personally appeared and 

took an oath to support the constitution of the United 



208 COMMON SCHOOL MANUAL. 

States, the constitution and laws of this State, and faith- 
fuU}' to discharge the duties of the office of school com- 
mittee [or clerk, trustee, treasurer of school district No. 
as the case may be] so long as he continues therein. 
A B, Justice of the Peace, 

or Notary, as the case may be. 



3. Certificate to a Teacher from a Committee. 

This certifies that has passed a satisfactor}^ ex- 

amination in the branches required by law, and has given, 
evidence of good moral character, and authority' is herebj' 
given to teach the department in the public 

schools in district No. of this town for from 

date unless this certificate is sooner annulled. 
Town. 
Date. 

Chairman. 

Clerk. 

Supt. 



4 Form for Annulling a Certificate. 

To the trustees of school districts in the town of 

and all others it may concern : 

Whereas, the school committee of this town did, on the 
day of A. D, 18 issue to of a 

certificate of qualification as a teacher in the public 
schools : Now, know ye, that upon further examination, 
investigation and trial, the said has been found 

deficient and unqualified [or the said has refused to 

conform to the regulations made by the committee, as the 
the case may be], and we do therefore, b3^ the authority 
given us by law, declare the said certificate to be annulled 



FORMS RELATING TO PUBLIC INSTRUCTION. 209 

aiifl voiil from tins date, of which all persons whose duty 
it is to employ teachers of public schools, are hereby re- 
quested to take notice. 

By order and in behalf of the school committee of the 
town of 

Date. Chairman or Clerk. 

Note. If a coniplaint is made against a teachor. it will be imperative 
tbat be shall be notified before a decision on his case. Aud notice of 
the annulling should be immediately given to the trustees of the dis- 
trict, and generall}', in order to prevent his being again employed. 



5. Memorandum of a Contract loith a Teacher. 

This agreement, made this da}' of a. d. 18 

between A B, etc. [trustee, school committee or agent 
appointed b}' the school committee, as the case ma}- be], 
of on the one part, and X Y, of on the other 

part, witnesses, that the said X Y hereb}- agrees to teach, 
for the compensation herein mentioned, a district school 
in and for said district, at [specify the building, if 

desired], for the term of months [or weeks] com- 

mencing and ending and the said X Y further 

engages to exert the utmost of his abilit}- in conducting 
said school, and improving the education aud morals of 
the scholars ; to keep such registers and make such returns 
to the trustees aud to the school committee as maj- be 
required of him, and in all respe^'ts to conform to all such 
regulations for the government of said school as maj' be 
made by the school committee of said town, aud to the 
provisions of the laws regulating public schools. And in 
case the certificate of qualification of said X Y should be 
annulled, or if he shall not keep the register and make 
return, as aforesaid, or should violate such regulations as 
aforesaid, this agreement from thenceforth shall be of no 



210 COMMON SCHOOL MANUAL. 

effect. Anrl the sairl [committee, trustee, or agent] agree 
to pay the said X Y therefor at the rat(> of per month 

[or per week], to be paid at the end of each month [or the 
tern] out of the school money by law apportioned to said 
district, and the legal assessments which may be made, 
and in no event out of the private propert}- of the con- 
tractor. And it is further agreed, that the possession of 
the school house and its appurtenances shall at all times 
be considered as being in the trustees [or school com- 
mittee or superintendent]. 

[l. s.] Witness our hands and seals hereto, the day first 
above mentioned. 

Sealed and executed in presence of 



G. Notice of the First Meeting of a District. 

Notice is hereby given that there will be a meeting of 
the legal voters of school district No. in the town of 
at the school-house in said district [if no school- 
house, then the school committee must appoint a place], 
at o'clock in the noon, on the day 

of A.D. 18 for the purpose of organizing said 

district, of electing officers for said district for the ensuing 
year, or for the purpo^je of considering the expodienc3' of 
building [or repairing] the school-house in said district, 
and laying a tax on the ratable property of the district 
therefor [as the case may be], an i of transacting any 
other business which maj* lawfully come before said meet- 
ing. 

B3' order and in behalf of the school committee of said 
town. 

Date. Chaii-mau, or Clerk. 



FOEMS RELATING TO PUBLIC IKSTRUCTION. 211 

KOTE. See the provisions of the law as to -notice. As to whore the 
notice shfill lie posted up. see the Jaw. All notices must be put up five 
clays including the day of posting up the notice and the day of the 
meeting And care should be taken to preserve evidence that the 
meeting was properly notified. 



7. Nutice of Annual District Meeting. 

To the legal voters of scliool district No. of the 

town of the annual meeting of for the choice 

of officers and the transaction of an}- other business which 

jnsij lawful]}' come before it, will be held at on the 

day of A. D. 18 at o'clock in the 

noon, 

Date. 

Trustee or Trustees. 

KOTE. A special meeting maybe called hy like form, except that the 
OBJECT of all special meetings must be stated. 



8. Notice of Special Meeting. 

A special meeting of the legal voters of school district 
Ko. in the town of called on the written re- 

quest of five legal voters [or called by the district trustee, 
as the case may be], will be held at [the district school- 
house], on the day of A.D. 18 at o'clock 
[p. M.], for the purpose of [here insert every object that 
is to be broiiglit before the meeting]. 

(Signed) A B, Trustee. 

Note. This notice must be posted in two or more public places, for 
at least five days; if called by the trustees at the request of five quali- 
fied voters, the notice must be posted within seveu days from the time 
the request was made. 



212 COMMON SCHOOL MANUAL. 

9. Form of Request to he made hy five Legal Voters of a 
District to the District Trustee for the calling of a 
Special Meeting. 
To the District Trustees of School District iVb. 

The undersigned, legal voters of school district No. 
of the town of request j-ou, in pursuance of the 

school law, to call a special meeting of said district, for 
the purpose of 

Dated this day of a. d. 18 

(Signed) 



10. Commencement of District Records. 

For first meeting. — At a meeting of the legal A'oters of 
school district No. of the town of called by the 

school committee of said town, and notified according to 
law [here in some cases it may be advisable to state par- 
ticularl}' how the notice was given], and held according 
to notice at the district school-house, on the day of 

A. r>. 18 at o'clock in the noon. 

For annual meeting — At the annual meeting of the legal 
voters of school distiict No. of the town of 
notified b}- the trustees of said district according to law 
[in some cases specify as above], and held according to 
notice at the district school-house [or as mav be], on the 

da}^ of a. D. 18 at o'clock in the 

noon. 

For specicd meeting. — At a meeting of the legal voters 
of school district No. of the town of held (in pur- 

suance of an application to the trustees) at on 



FORMS RELATING TO PUBLIC INSTRUCTION. 213 

and -whicli meeting -was dulj notified by the trustees as 
the law requires. 

For adjourned meeting. — At a meeting of the legal 
voters of school district No. of the town of held 

according to adjournment, at on 



11. Form for Choosing Officers, etc. 

The following-named persons were chosen to the offices 
set against their respective names, viz. : 

C D. Clerk, etc. A B, Moderator. 

Or, instead of the above, sa}- — 

Voted, that A B, be appointed moderator of this meet- 
ing. 

Voted, that C D, be appointed clerk [or trustee, trea- 
surer, etc.], of this district [in place of O P, resigned, etc., 
if such be the case], to hold his office until the next an- 
nual meeting, and until his successor is appointed. 

The clerk then, in presence of the meeting, took the 
oath in the form prescribed in chapter 21, section 4, of 
the General Statutes, administered by- E F, Esq., justice 
of the peace, or [notary public, moderator, senator, judge, 
or town clerk] . 

It was moved b}^ A B, and seconded by C D, that 
and after discussion the question was put and the motion 
was rejected, or adopted. 



12. Vote of a District, prescribing Mode of Notifying 
Meetings. 

Whereas, each school district has by law the power to 
prescribe the manner of notifying all future district meet- 
ings,— 



214 COMMON SCHOOL MANUAL. 

Voted, that hereafter all such meetings shall be notified 
b}' posting up the notices signed b}' the proper officers and 
for the time specified bj law, at the following places with- 
in this district, namely, on the sign-post of the tavern, 
now occupied by A B, on the door of the school-house, 
court house, grist-mill, or in some conspicuous place in 
the shop or store now kept by L M, etc. [as the district 
may decide]. 

Note. Experience shows that notices put up in the inside of a liouse, 
in a bar-room, shop, etc., are very seldoru attended to, especially if 
they be in writing, not printed. A sign-post, a large tree, close by the 
travelled part of the road, the railing of abridge, the outside of a door, 
etc.. are the places where they would be most likely to be seen. In 
some cases wliere there is a mill, store, etc., out of the district, to 
•which the people of the district often resort, it would be well to put up 
a notice there, in addition to the notices within the district 

And the power to prescribe the mode of notice does not authorize a 
district to dispense with notice, or to prescribe .a less number of days 
than live. 



13. Vote of District to devolve care of School on School 
Committee. 

Voted (if the school committee of this town consent 
thereto and accept thereof), that all the powers and duties 
of this district, and the tru.stees thereof, relating to keep- 
ing public schools in this district be, and the}- are hereb}' 
devolved on said school committee, until this district shall 
choose a new trustee or trustees, or shall otherwise legall}- 
direct. 



Note. A copy of this vote, with a proper heading, "At a meeting of," 
etc., attested by the clerk, should be furnished to the committee. 



FORMS RELATING TO PUBLIC INSTRUCTION. 215 

14. Vote of District to Build Sdiool-liouse. 

Voted, that a school-house be erected at or upon 
for the use of the public schools in this district, and that 
be a committee to cause the same to be erected, 
the said committee first procuring the plans and specifica- 
tions for the building, to be approved b}' the commissioner 
of public schools, or by the committee of the town, accord- 
ing to law, and that the said shall have full power, 
in the name and behalf of the district, to sign, seal and 
execute an}- contracts which ma}- be necessar}- to carry 
out this vote, to superintend the execution of said con- 
tracts, and to do any other matter or thing which may be 
necessar}' to cany out this vote. 

Note. The location (unless before made), must be made by the school 
committee. 



lo. Form of Contract to Build School-house. 

Articles of agreement made and executed on the da}'- 

of A. D. 18 between A B, of on the one 

part, and School District No. of the town of 
county cf State of on the other part. 

The said A B, for himself, his heirs, executors and ad- 
ministrators, doth hereby covenant and agree with the 
school district and their assigns, that he, the said A B, 
his heirs, executors and administrators, for the cousidera- 
tions herein expressed, sliall, and will, within the space of 
months from the date hereof, erect, build, and 
completely cover over ~and finish upon [tiere describe the 
lot] , and upon such spot in said lot as said school district 



216 COMMON SCHOOL MANUAL. 

or their proper officers may direct, a house, onl -buildings 
and fences, for the purpose of a district school-house and 
appendages, according to plans, elevation and specifica- 
tion more particularly' expressed in a schedule hereto at- 
tached and signed b}' said parties, and ■which is hereby 
made part and parcel of this agreement ; and also shall 
and will perform and execute all the works mentioned in 
the said schedule, and in the manner therein mentioned, 
and within the time aforesaid ; and also shall and will 
furnish and provide at his own charge, good and sufficient 
materials of the sorts and quality expressed in said sche- 
dule, and all such other materials as ma}' be necessary for 
the erecting and full}' completing the house, out-houses 
and fences aforesaid, according to the plans and specifica- 
tions aforesaid. 

And it is further agreed between said parties, that if 
the said A B, his heirs, executors or administrators, shall 
not within the space of time above mentioned finish and 
complete all said works as aforesaid, then said school 
district, or their agent, ma}- go on and complete said 
works, at the cost and charge of the said A B, his heirs, 
executors and administrators, and may deduct the same 
from the compensation herein agreed to be paid for said 
buildings and works ; and the said A B, his heirs, execu- 
tors and administrators, shall also be liable for any other 
damages incurred by said district by said failure, and 
shall also be liable to said district for an}' damages in- 
curred by any other unreasonable delay in completing the 
works aforesaid. 

And the said school district doth hereby covenant and 
agree with the said A B, his heirs, executors, adminis- 
trators and assigns, that upon the completion of said 
works as foresaid, the said school district shall and will 
pay to the said A B, his executors, administrators or 
assigns, on or before the day of a. d. 18 



FORMS RELATING TO PUBLIC INSTRUCTION. 217 

the sum of dollars, as full compensation for his 

services in building and completing said works. 

And it is further agreed, that if said school district or 
their agents shall direct an}- more work to be done upon 
or around said buildings than is hereinbefore agreed, the 
said district shall pa}' tiie expense thereof, in addition to 
tlie compensation aforesaid. And if said district or their 
agents shall direct to omit or diminish an}' part of the 
work hereinbefore agreed to be done and expressed in said 
schedule, then there shall be deducted from said compen- 
sation, a reasonable sum, according to the proportion said 
work omitted may bear to the work herein first agreed to 
be done. And said district or their proper agents shall 
have a right to direct any additions oi omissions as afore- 
said, and the part}' of the other part shall be bound to 
comply with and perform the said directions. 

[_Clause to refer to arhitration.'] 

And lastly, it is hereby agreed between the parties 
aforesaid, that if any dispute shall happen between the 
said district or its agents, and the said A B, his heirs, 
executors, administrators, or assigns, in relation to the 
buildings herein agreed to be erected, work to be done, 
the payment of the money, "or concerning the value and 
expense of any work directed to be added or omitted as 
hereinbefore mentioned, or concerning any other matter 
or thing whatever, relating .to the construction of this 
agreement, or the amount of any damages claimed by 
either party, under its provisions, or for any alleged vio- 
lation thereof, then in such case such dispute shall, upon 
the demand of either party, be left to the award and 
determination of three indifferent persons, one to be 
appointed in writing by each of said parties, immediately 
thereafter, and a third to be appointed in writing by the 
10 



218 COMMON SCHOOL MANUAL. 

two persons so first named. And the said parties hereb}' 
covenant and agree with eacli other, that the}' will sever- 
all}' abide b}', perform and keep the award and determina- 
tion of the said three persons, or any two of them, touch- 
ing said disputes, provided said award be made under the 
hands and seals of said arbitrators, or an}- two of them, 
within from the time of said reference. 

In testimon}^ whereof, the said A B hath hereto set his 
hand and seal, and said district, have hereto affixed 
their seal b}' the hands of dul}' authorized for 

that purpose, who hath [or have] hereto also set 
their own hands. 
Sealed and delivered in presence of [l. s.] 

AB. 
Names of committee or agents. [l. s.] 

Note. If the district wishes a surety for the performance of a con- 
tract of A B, it may be taken by a bond, conditioned for tlie perform- 
ance by A B. of the covenants and agreements in an instrument dated 
[and then briefly describe it.] 



16. Vote of District to Tax. 

At the annual meeting of the legal voters of school dis- 
trict No. of the town of held at on 
according to legal notice issued and signed by and 
posted up at for the five da^-s previous required 
by law [or, at a special meeting of, etc., called b}', etc.] 

Whereas, this district has voted to build a school-house 
in and for said district [or to repair the district school- 
house] , 

Voted, that for the purpose of defra^Mng the expense 
thereof, a tax of the sum of dollars be assessed 

upon, levied and collected from the ratable property in 



REMARKS RELATING TO PUBLIC INSTRUCTIOK. 219 

this district, in manner provided by law, the school com- 
mittee of the town having approved of the amount of tax 
before mentioned for the purpose aforesaid, and that the 
assessment be made according to the estimate, appor- 
tionment aiKl value affixed to said ratable property in 
the last assessment and tax bill made out by the town 
assessors [or, according to the estimate, apportionment 
and value which shall be affixed to said ratable estates in 
the assessment and tax bill of this town which shall next 
be completed after the date of this vote] . 

Note. In case of laying a tax, it is important tliat tlie notice of the 
meeting sliould be legally given, and that evidence of the notice should 
he preserved. 

Cautions for District 3Ieetings about to assess a tax. 

If there is any doubt about the boundaries of the district, have them 
defined by the committee. 

Have the meeting notified for the proper length of time— the notice 
put up as required, and let the notice express the object of the meeting. 

Have all the officers properly engaged. Specify the amount of tax, 
and when to be collected . 

The district may give the collection to the regular collector, if there 
be one, or, if there be none, may appoint a collector, or may vote to 
have it collected by the town coUeetor. 

The district need not, but may require bonds of the collector or 
treasurer; if they do they should fix the sum and approve the sureiies. 

They should agree witb the collector for his fees, otherwise he will 
be entitled to live per cent. 

They may offer a deduction to those who pay on or before a specified 
time, and may impose a percentage on those who do not pay until 
after such time. 

The location of the house, the plan of the house or repairs, and the 
amount of the tax, must all be approved by the school committee, if 
not already done. 

As to trustee assessing tax, see General Statutes, chapters 51 and 52, 
and the index to school laws. 

From " Rhode Island Educational Magazine " (edited by E. R. Potter, 
formerly commissioner of public schools), vol. i. 329. 



17. Form of a Tax Bill. 
Assessment of the taxes upon the ratable estates in 



220 COMMON SCHOOL MANUAL. 

school district No. of the town, etc., made by the 
trustees thereof, according to law, this day of 

A. D. 18 for the purpose of raising the sum of dol- 

lars, according to a vote of said district, passed on the 
day of A. D. 18 



Names. Real. 



Personal. 



Total. 



Tax. 



Note. The tmsteos sbonld sigii the tax bin. If the town assessors 
are applied to, it wonUl be well to have them make their cei-tiflcate at 
the foot ot the tax bill, and sign it. 



18. District Treasurer's Bond. 

Know all men, that we, A B, of count}' of 

and state of Rhode Island and Providence Plantations, as 
principal, and C D, of county of and state 

aforesaid, as surety [surety or sureties to the satisfaction 
of the district], are firmly held and bound unto the 
school district No of the town of and state 

aforesaid, in the full sum of [to be fixed b}" the district] 
to be paid to the said school district, or their assigns, to 
which we hereby jointly and severall}- bind ourselves, our 
several and respective heirs, executors and administrators. 

Sealed and dated the day of a. d. 18 

The condition of the foregoing obligation is, that 
whereas the said A B was, at a meeting of said school 
district, holden appointed treasurer of said district. 

Now, if he shall faithfully discharge the duties of said 
oflfice during his continuance therein, and at the expira- 
tion of his oflSce he or his executors or administrators 
shall exhibit a true account, if required, and deliver over 
to his successor, or the order of the district, all books, 
papers and moneys belonging to the district, in his hands, 
then the above obligation is to be void, otherwise to 
remain in force. 

Executed in presence of [l. s.] 

[L.S.] 



FORMS RELATING TO PUBLIC INSTRUCTION. 221 

Note. It may be advisable for tbe treasurer to receive a formal cer- 
tificate ot appointment, or warrant, and tlien Ms engagement can be 
endorsed upon it. The above bond need not be given unless the dis- 
trict require it. 



19. District Collector's Bond, 

Know ail men, that we, A B, of State of Rhode 

Island and Providence Plantations, as principal, and C D, 
of as suretj', are firmly held and bound unto E F, of 

treasurer of school district No. in the town of 
and state aforesaid, in the full s«m of [to be fixed 
b}^ the district, not exceeding double the tax] to be paid 
to said his successors in said office, or assigns, to 

which we jointly bind ourselves, our several and respective 
heirs, executors and administrators. 

Sealed and dated this day of a. d. 18 

The condition of this obligation is, that whereas the 
said A B was, at a meeting of the legal voters of school 
district No, of the town of appointed collector of 

the rates and taxes assessed and to be assessed in, by, 
and upon said district, and the said A B has accepted said 
oflace ; and whereas said district on the day of 

A. D. 18 voted that a tax of be assessed on all 

the ratable property in said district, for the purpose of 
and said tax has been legally assessed, and the 
trustee of said district hath issued his warrant to said 
collector, with said rate bill annexed, for the collection of 
said tax, the receipt of which said rate bill and warrant is 
hereby aclcnowledged, and bj^ which said warrant, said 
tax is to be collected and paid over, on or before the 
day of A. D. 18 Now if the said A B shall faith- 

fully perform and discharge said office and trust, and with 
diligence and fidelity, levy and collect, as far as may be 



222 COMMON SCHOOL MANUAL, 

done, all the taxes that have been, or may be so com- 
mittal to him for collection, during his continuance in 
office, and he, his heirs, executors or administrators shall, 
at all times on proper demand, render an account and pay 
over all the proceeds of such collections to the treasurer 
of said district, or his successors in office, according to 
the direcUons contained in the warrants for their collection, 
then this obligation is to be void, otherwise to remain in 
force. 

Executed in presence of [l. s.] 

[L. S.] 
Note. The collector iieecl not give Ijond, unless requii-ed. 



20. Warrant to Collect a Tax. 

To A B, collector of taxes of school district No. of the 
town of count}' of and state of Rhode Island 

and Providence Plantations : — Greeting. 

You, having been appointed collector of taxes for said 
district, are hereb}', in the name of said state, authorized 
and required to proceed and collect the tax specified in 
the annexed rate bill, according to law, and to paj- the 
same to the treasurer of the district, or to his successor in 
office ; and for so doing this shall be your sufficient war- 
rant. 

Given under my hand and seal, at this day of 

A.D. 18 

C. D. [l. s.] 

Trustee of said school district. 

Note. The collcetov should also receive from the district clerk a war- 
ran tor formal certificate of election, which maybe in substance ac- 
cording to the form No. 20. and then his engagement can be certified 
upon the back. 

The district should approve the sum and sureties of the bond, aud 
the clerk should certify the fact thereon. 



FORMS RELATING TO PUBLIC INSTRUCTION. 223 



21. Form of Tax Collector'' s Deed. 

To all to whom these presents maj' come. I, A B, of 

county of and state of Rhode Island and Pro- 

" vidence Plantations, collector of taxes of school district 

No. in said town, send greeting : — 

Whereas the said school district, at a meeting duly 
notified, and held on the day of a. d. 18 

voted that a tax of dollars be assessed on the rata- 

ble propert}' in said district, for the purpose of and 

said tax was afterwards, viz. : on the day of 

A. D. 18 assessed according to law, and the tax bill in 
due form delivered to me the said collector, with a war- 
rant attached thereto, signed by the trustees, of said dis- 
trict, requiring me to proceed according to law and collect 
the said tax, and paj' over the same to the treasurer of 
the district, or to his successor in office, and whereas C D, 
of neglected to pa}- the tax assessed against him, 

and expressed in the said tax bill, amounting to the sum 
of dollars, and in consequence thereof, I did on the 

da}" of lev}' said warrant upon a certain lot 

or tract of land belonging to said C D, in said district, 
and did advertise the same for sale according to law, at 
two [or more] public places in said town, for twenty 
daj's previous to sale [and also in the newspaper 

printed in ], and on the day of a. d. 18 

at o'clock in the noon, on the premises, 

being the time and place appointed, T proceeded to sell at 
auction so much of said land as was necessaiy to satisf}'- 
said tax and the incidental expenses, and E F, of was 
the highest bidder therefor. 

Now, know ye, that in consideration of the sum of 
dollars, being the amount of said tax and expenses paid 
me b}' the said E F, I, the said collector, do herebj^ give, 



224 COMMON SCHOOL JIANUAL. 

grant, bargain, sell and con ve}' unto the said E F, his heirs 
and assigns, all the right, title and interest which said 
C D, had at the time of assessing said tax, in and to the 
following described tract of land, situated in the district 
and town aforesaid, containing acres [more or less], 

and bounded [describe] or however otherwise bounded, 
W'ith all [buildings] and appurtenances, being so much of 
said land of the said C D, levied on as was necessarj- to 
satisfy said tax and expenses. To have and to hold the 
same to said E F, his heirs and assigns for ever, subject to 
the right of redemption provided b}' law. And I, the 
said A B, for mj'self, my heirs, executors and adminis- 
trators, do covenant with said E F, his heirs and assigns, 
that I [have given bond and] have advertised said pro- 
perty as hereinbefore stated, and have complied with the 
terms of the law regulating the collecting of taxes, in re- 
spect to said sale, as hereinbefore stated. 

Witness m^' hand and seal, this da}' of a. d. 18 
Signed, sealed and delivered in presence of 

A. B. [l. s.] 

Town of, etc., a.d. 18 Before me the sub- 

scriber, appeared A B, collector of taxes of school district 
No. of the town of and acknowledged the fore- 

going to be his free act and deed, and his hand and seal 
to be thereunto affixed. 

O. P. 
Justice of the Peace, Notary Public or Town Clerk. 

i'^OTE. In case of unimproved lands owned by persons out of the 
State, and also of improved lands where neither the owner nor occu- 
pant lives in the State, notice of the sale must be given twenty days 
in a newspaper. The purchaser under a tax collector's deed should 
see that the law has been complied with, and that his evidence of ad- 
vertising is preserved. 



22. Form of a Lease. 
These articles of agreement made this day of 
A. D. 18 witness that A B, of doth hereby demise 



FORMS RELATING TO PUBLIC INSTRUCTION. 225 

and let unto the school district No. of said town [de- 
scribe the room or baildiug] with the appurtenances, in 
consideration of the rents and covenants b}' said school 
district herein mentioned to be performed, to have and 
hold the same to the said school district and their assigns 
for the space of 3"ear, commencing on the day 

of A. D. 18 and ending on the day of 

A. D. 18 for the purpose of keeping a district 

school therein, and holding such schools or lectures or 
other literary meetings, or meetings of business, as the 
school committee or the officers of said district may deem 
advisable for promoting the cause of education. And the 
said district agrees to pa}' therefor the sum of per 

annum as rent, and at that rate for any less time, than a 
year, the payment to be made to the said A B, Ms heirs 
or assigns, at his residence, on the last day of the year 
[or on the last day of each year in the term] , without any 
notice or demand therefor [provisions about repairs, loss 
by fire, etc., may be here inserted]. Witness the hand 
and seal of said A B, and the seal of the said district 
hereto affixed by by said district duly authorized, 

the day and j^ear first above mentioned. 
Sealed and executed in presence of 

[L. S.] 
[L. S.] 



2S. Poiver of Attorney to take a Lease. 

Note. The district may authorize a person to execute this lease for 
them by a vote as follows; "Voted, that the trustees of the district [or 
treasurer] be and they are hereby fully empowered to hire a building 
for the purpose of a school-house for the district [here specify the 
building, and fix the time and conditions or leave them at discretion!, 
and to make and execute the necessary contracts therefor, and to seal, 
deliver and acknowledge the same in the name and behalf of the dis- 
trict." If the lease is for a year or less time, it may save trouble to take 



226 COMMON SCHOOL MANUAL. 

tLe lease in the name of the trustees themselves. If the above is to be 
aekno-\vledged, see the foitn of acknowledgment to No. 26. 



24. Deed to a School District. 

Know all men that I, A B, of in the State of 

Rhode Island and Providence Plantations, in considera- 
tion of the sum of paid me hj CD, treasurer of 
school district Ko. in the tOTvn of and state 
aforesaid, the receipt of which I acknowledge and am 
therewith full}- satisfied and paid [if a gift, sa}', in con- 
sideration of m}' desire to aid and assist in diffusing the 
benefits of a good common school education among the 
inhabitants of school district No. etc., as the grantor 
pleases] do hereb}* give, grant, enfeoff, conve}' and con- 
firm unto said school district and their assigns, a certain 
lot of land situated in said town of [describe] or 
however otherwise bounded, with all the appurtenances 
and privileges thereto belonging, to have and to hold the 
same for ever to said school district [and their assigns, 
but if there is a desire to prevent the lot ever being used 
for an}- other purpose, omit assigns and sa}', for the pur- 
pose of maintaining thereon a district school house and 
its appurtenances, for the benefit of the district school of 
said district, and for no other use or purpose whatever]. 
And I, the said A B, do hereb}^ for mj-self, m}- heirs, 
executors and administrators, covenant and engage to 
and with said school district [and their assigns] that the 
premises are free of all incumbrances, and I have good 
right to sell and convej' as aforesaid, and that I, m}- heirs, 
executors and administrators shall and will for ever war- 
rant, secure and defend the premises to said school dis- 
trict [and their assigns or to and for the purpose afore- 



FORMS RELATING TO PUBLIC INSTRUCTION. 227 

said], against the lawful claims of all persons whatsoever. 
And I, E F, wife of the said A B, for the consideration 
paid my said husband, hereby release unto said school 
district [and their assigns] all my right of dower in the 
premises. [If the premises are under mortgage, a re- 
lease may be here inserted.] And I, G H, of in 
consideration of the sum of paid to me by to 
my full satisfaction, do hereb}^ give, grant, bargain, sell, 
assign and convey unto said school district [and their 
assigns], all the right, title and interest which I have in 
the premises by virtue of an}^ mortgage deed thereof [or 
of any other claim or title w-hatsoever.] In witness 
whereof we have hereunto set our hands and seals this 
da}' of A. D. 18 

Signed, sealed and delivered in presence of [l. s.] 

[l. s.] 
[l.s.] 

State of county of town of a. d. 18 

This day personally appeared before me and ac- 

knowledged the foregoing instrument to be volun- 

tary act and deed and hand and seal to be thereunto 

affixed. 

Before me, O P, Justice of the Peace, Notary Public or 
Town Clerk (if executed in Rhode Island). 

Note. If the land belongs to a married woman, laer name should be 
inserted as one of the grantors, and the deed altered accordingly. 
She must acknowledge separately from her husband. Use-the words 
of the law iu the certificate of acknowledgment. See General Statutes. 



25. Vote appointing an Attorney to sell Land belonging to 
the District. 

At a meeting of the legal voters of school district No. 



228 COMMON SCHOOL MANUAL. 

of the town of etc., notified as the law reqmres, 

and held at on the da}' of a. d. 18 

Voted, That A B, treasurer of said school district, be 
and he is hereby appointed the agent and attornej' of the 
district, to sell at his discretion, a certain lot of land, 
situated in and belonging to the district, containing 
bounded with the buildings and appurtenances, and 

with full power to affix the seal of the district to a deed 
or deeds conveying the same [with covenants of warranty 
or not, as the district may vote], and in the name of the 
district to acknowledge and deliver the same, and receive 
the purchase-money, and give a full discharge therefor. 
A true cop}^ of record : Witness, 

E. F., Clerk of said District. 



26. District Land Deed. 

Know all men, that the school district No. of the 
town of count}' of State of Rhode Island and 

Providence Plantations, in consideration of the sum of 
paid to A B, treasurer of said district, to and for 
the use of said district, b}' M N, of the receipt of 

which is herebv acknowledged, does hereb}' give, grant, 
bargain, sell and convey unto the said M N, his heirs and 
assigns, all the right, title and interest of said school dis- 
trict, in and to a lot of land situated in said district, con- 
taining bounded or however otherwise bounded, 
with all buildings and appurtenances, being the same lot 
conveyed to said district b}' deed of H I. To have. and to 
hold the same to said M N, his heirs and assigns, for 
ever. In testimony whereof, the said school district have 
hereunto fixed their seal, by the hands of said A B, their 



FORMS RELATING TO PUBLIC INSTRUCTION. 229 

treasurer, duly appointed for that purpose, at a legal 
meeting of said district, and the said treasurer hath here- 
tuno affixed his own hand, this daj' of a. d. 

18 

A B, Treasurer as aforesaid. [l. s.] 

Signed and sealed iu presence of 

Acknowledgment. 

State of Ehode Island and Providence Plantations, 
county of town of a. d. 18 The school 

district No. of said town, \>j A B, their treasurer and 
attornej^ for that purpose, by vote of said district ap- 
pointed, acknowledged the foregoing to be their voluntary 
act and deed, and their seal to be thereto affixed ; and the 
said A B, treasurer and attorne}' as aforesaid, also ac- 
knowledged his own hand affixed thereto, and that the 
same was the voluntary act and deed of himself and of 
the said district. 

Before me, P Q, 

Justice of the Peace, or Notary Public, or Town Clerk. 

Note. It will seldom, if ever, be advisable for a district to give any- 
tbingmore tban a quit claim deed. If tbey wisb to insert any warranty, 
it would be best to consult a well informed attorney. 



27. Order on School Fund. 

To treasurer of the town of 

Pay to on account of school district No. 

of this town, or order, the sum of for 

By order of the school committee of the town. 

Chairman or Clerk. 
Date. 



230 COMMON SCHOOL MANUAL. 

Note. It will be the safest course, in all cases, to let the money re- 
main in the hands of the town treasurer, and to give orders for it no 
faster than it is actually expended. 



18. Notice of Aj^peal. 

To the school committee of the town of [trustees 

of school district No. in the town of ] 

I hereb}" notif}^ you, that in conformit}^ with the provi- 
sions of the laws regulating public schools, I appeal to 
A B, commissioner of public schools, from [here specif}'' 
the vote or decision of the committee, trustees, or district, 
which is complained of]. 

Signed, 
Date. C. D. 

A copy of this notice should be immediatel}' served 
upon the clerk of the committee, clerk of the district, 
or upon the trustee, or trustees who have done the act 
complained of. And a notice of the appeal should be 
immediately forwarded to the commissioner, which vatiy be 
as follows : 

An Appeal. 

To A B, commissioner of public schools of the State of 
Rhode Island and Providence Plantations : 

Whereas, the school committee [trustees, of school dis- 
trict No. of the town of No. ], did at a 
meeting on the dsix of a. d. 18 pass a 
vote — [here copy or insert the substance, as nearly as can 
be procured], I, the subscriber, according to law, do 



FORMS RELATING TO PUBLIC INSTRUCTION. 231 

hereby appeal to 3^011 from sairl vote or decision, and claim 
that the same maj' be reversed. [Here state plainly and 
briefl}^ the reasons. 
Signed, 



29, Vote of District to establish a Secondary School. 

Voted, That this district will unite with school district 
No. of this town [or in the adjoining town of ], 

in the establishment of a secondary school, according to 
the laws regulating public schools, for the common benefit 
of both said districts ; provided said school district No. 
shall also give their consent thereto [within from 

this date], and that the clerk of the district furnish a cer- 
tified copy of this vote to said school district No. and 
also to the school committee that [if said district consents] 
they may take the necessary measures for establishing 
said school. 



30. Vote of School Committee to form Joint District. 

Voted [the school committee of the town of con- 

curring herewith] that a joint district be formed accord- 
ing to the provisions of the acts relating to public schools, 
to consist of school district No. of this town, and 

school district No. of said town of and that said 

districts shall constitute a joint district from the time 
that the school committee of said town of shall con- 

cur herewith [or if they have alread}- passed a similar vote 
say, from- and after the passage of this vote]. 



232 COMMON SCHOOL MANUAL. 

Voted further, that the chairman be authorized, in con- 
junction with the school committee of said town of 
to cause notices to be posted up [in one or more places in 
each of the two districts — specify them] for the first meet- 
ing of said joint district, to be held at on at 
o'clock in the noon for to be held at such 
time and place as he ma^^ agree upon with the school 
committee of said town of ] and that the clerk of 
the committee furnish a certified cop}- of this vote to the 
school committee of the said town of 

Note. A notice signed by the chairman of each committee should 
be posted up in one or more places in each district. After trustees 
are elected, they will notify the subsequent meetings. 



31. ■ Vote prescribing Form of District Seal. 

Voted, That the clerk of the district cause to be made a 
seal for the use of the district, with the figure of 
engraven thereon, and the letters or inscription 
around its margin, and that the same is hereby adopted, 
and declared to be the common seal of this corporation, 
and shall be kept by the clerk of the district. 

Note. Every town, district, or other corporation, shall have a com, 
men seal, with a suitable device; but if they have no regular seal, any 
seal may be affixed to any instrument by their authority : for instance- 
a piece of paper attached by a wafer will be considered to be their 
seal. 



32. Specimens of Rules and Regulations to be adopted by 
School Committees for the government of Public Schools. 

We give herewith, first, the rules adopted by the school 



FOEMS KELATING TO PUBLIC INSTRUCTION. 233 

committee of Smitlifield, a. d. 1846 ; second, the rules 
adopted in South Kingstown, and some other towns ; 
third, extracts from the school regulations of the town of 
Portsmouth. 



Regulations for the government of the Public Schools in the 
toimi of Smithjield. 

PREAMBLE. 

Teachers and candidates for teachers in the public 
schools, previous to entering upon their engagements, 
should consider it of great importance to become familiar 
with some of the most approved plans of teaching and 
governing a school ; and should endeavor, as far as possi- 
ble, to possess themselves of definite ideas in regard to 
the solemn duties and responsibilities of their professionl 

And in order to aid and assist them in establishing a 
uniform and S3'stematic course of instruction and disci- 
pline, the committee would respectfull}' submit the follow- 
ing 

RULES. 

1. All the teachers of the public schools are required to 
be at their respective school-rooms and to ring the bell 
from ten to fifteen minutes before the time of commencing 
the school in the moriiing and in the afternoon, and they 
shall require the pupils, as the}' enter the room, to be 
seated in an orderl}' manner, and prepare for stud}'. 

2. The bell shall again be struck, or the hand-bell rung, 
precisely at the specified time for beginning the school, as 
a signal for commencing the exercises— previous to which 
all the scholars are expected to be present and to have 



234 COMMON SCHOOL MANUAL. 

made all needful preparations for catT^'ing on the business 
of the school, in order to prevent all unnecessar}' move- 
ment after the exercises commence. 

3. All the public schools shall be opened in the morn- 
ing b}' reading a portion of the Scriptures, which maj- -be 
done b}^ the teacher alone, or in connection with the older 
pupils — the whole school being required at the same time 
to suspend all other subjects and to give proper and re- 
spectful attention ; and this exercise ma}' be followed b}"" 
praj-er or not, at the discretion of the teacher. 

4. Every sc'holar who comes in after the second bell 
rings, must present a satisfactor}' excuse ; and all who 
cannot do so, shall be considered delinquent, and marked 
tardy on the teacher's register, subject to examination by 
parents, trustees and school committee. 

5. No teacher shall permit whispering or talking in 
school, or allow the scholars to leave or change their 
seats, or to have communication with each other in <5chool 
time, without permission, but shall strive to maintain that 
good order and thorough discipline which are absolutely 
essential to the welfare of the school. 

6. It shall be the dut}' of teachers to guard the conduct 
of scholars, not onh' in the hours of school, but at recess, 
and on their way to and from school, and to extend at all 
times a watchful care over their morals and manners, 
endeavoring to inculcate those virtues which la}- a sure 
foundation for future usefulness and happiness. 

7. The government and discipline of the school should 
be of a mild and parental character. The^ teacher should 
use his best exertions to bring scholars to obedience and a 
sense of duty, by mild measures ami kind influences ; and 
i n cases where corporal punishment seems absolutel}- ne- 
cessary, it should be inflicted with judgment and discre- 
tion, and in general not in presence of the school. 

8. Teachers should ever avoid those low, degrading and 



FORMS RELATING TO PUBLIC INSTRUCTION. 235 

improper forms of punishment, sucli as tying up scholars' 
hands and feet, compelling them to hold a weight iu their 
hands with their arms extended, pinching, pulling and 
wringing their ears, cheeks and arms, and other similar 
modes, which are sometimes used, as the committee are 
decidedly of the opinion that a judicious teacher will find 
other methods of governing more consistent and more 
etfectnal. 

9. In case of obstinate disobedience or wilful violation 
of order, a teacher may suspend a pupil from school for 
the time being, by informing the parents or guardians and 
school committee thereof, and readmit bim on satisfactory 
evidence of amendment ; or such pupil may^ at the dis- 
cretion of the teacher, be referred directly to the com- 
mittee, to be dealt with as their judgment and legal 
authority shall dictate. 

10. The teachers shall classify the pupils of their re- 
spective schools according to their age and attainments, 
irrespective of rank or wealth, and shall assign them such 
lessons as seem best adapted to their capacities, and 
render them all possible aid and assistance, without dis- 
tinction and without partiality. 

1 1 . For the purpose of preserving that sj'stem and 
order so essential to a well-regulated school, and securing 
to the pupils a thorough knowledge of the subjects pur- 
sued, there should be a specified time for eveiy exercise, 
and a certain portion of time devoted to it ; and in no 
case should an}' one recitation interfere with the time 
appropriated to another ; and whatever the exercise may 
be, it should receive, for the time, the immediate and, as 
far as practicable, the exclusive attention of the teacher. 

12. No child under the age of four years shall be re- 
ceived as a scholar in a district school, unless there be an 
assistant teacher or a primary department. 

13. Exercises in declamation and composition shall be 



236 COMMON SCHOOL MANUAL. 

practiced bj- the older and more advanced pupils, at the 
judgment of the teacher, under the advice of the com- 
mittee. 

14. Singing ma}^ be encouraged, and, as far as practi- 
cable, taught in all the schools, not only for its direct 
intellectual and moral uses, but as a healthy exercise of 
the lungs, an agreeable recreation to the pupils, and an 
auxiliary in good government. 

15. Needle-work shall be allowed in the primary 
schools. 

16. The teacher maj- emplo}' the older scholars, under 
his direction, in the management of the school, when it 
can be done without disadvantage to them or to the good 
order of the schools. 

17. No teacher shall use or encourage the use of any 
other books than those recommended b}' the committee, 
without their approbation. 

18. There shall be a recess of at least fifteen minutes 
hi the middle of ever}- half daj ; but the primary schools 
may have a recess of ten minutes every hour, at the dis- 
cretion of the teacher. 

19. It shall be the duty of teachers to see that fires are 
made in cold weather, in their respective school-rooms, at 
a seasonable hour to render them warm and comfortable 
by school time ; to take care that their rooms are properly 
swept and dusted ; and that a due regard to neatness and 
order is observed, both in and around the school-house. 

20. As pure air of a proper temperature is indispen- 
sable to health and comfort, teachers cannot be too care- 
ful in giving attention to these things. If the room has 
no ventilator, the doors and windows should be opened 
before and after school, to permit a free and healthful 
circulation of air ; and the temperature should be regu- 
lated b}"^ a thermometer suspended five or six feet from the 
floor, in such a position as to indicate as near as possible 



FORMS RELATING TO PUBLIC INSTRUCTION. 237 

llie aA-erage temperature, and should be kept at about 
sixtj'-five degrees Fahrenheit. 

21. The teachers sliall take care that the school-houses, 
tables, desks, and apparatus in the same, and all the pul)- 
lic property- intrusted to their charge, be not cut, scratched, 
marked, or injured or defaced in an}- manner Avhatever. 
And it shall be the duty of the teachers to give prompt 
notice to one or more of the trustees, of anj- re])airs that 
may be needed. 

22. Every teacher shall keep a record of all the reci- 
tations of ever}' class ; and of the manner in which every 
member of the class shall acquit himself in his recitation 
— using figures or otherwise to mark degrees of merit. 
Also, ever}' act of disobedience or violation of order, shall 
be noted ; and the registers shall be at all times subject 
to the inspection of parents, trustees and the school com- 
mittee. 

23. The following shall be the construction of teacliers' 
engagements, unless otherwise speeided in the written 
contract. They shall teach six hours every da}-, including 
the recess, and shall divide the da}- into two sessions, 
with at least one hour intermission. They shall teach 
ever}- day in the week, except Saturday and Sunday, and 
four weeks for a mouth ; and they may dismiss the school 
on the Fourth of July, on Christmas, and on days of public 
fast and thanksgiving, and one day out of every month 
for the purpose of attending a teachers' institute, or for 
visiting schools. 

PUPILS. 

24. Good morals being of the first importance, and es- 
sential to their progress in useful knowledge, the pupils 
are strictly enjoined to avoid all vulgarity and profanity, 
falsehood and deceit, and every wicked and disgraceful 



238 COMMON SCHOOL MANUAL. 

practice ; to conduct themselves in a sober, orderly and 
decent manner, both in and out of school ; to be diligent 
and attentive to their studies ; to treat each other politely 
and kindly in all their intercourse ; to respect and obej' 
all orders of their teachers in relation to their conduct 
and studies, and to be punctual and constant in their 
dail}^ attendance. 

25. Everj' pupil who shall, accidentally or otherwise, 
injure auj^ school property, whether fences, gates, trees or 
shrubs, or an}- building or an}' part thereof; or break any 
window glass, or injure or destroy any instrument, ap- 
paratus or furniture belonging to the school, shall be 
liable to pay all damages. 

26. Every pupil who shall anywhere on or around the 
school premises, use or write any profane or unchaste 
language, or shall draw an}" obscene pictures or represen- 
tations, or cut, mark, or otherwise intentionally deface any 
school furniture or buildings, or any property whatsoever 
belonging to the school estate, shall be punished in pi'O- 
portion to the nature and extent of the offence, and shall 
be liable to the action of the civil law. 

27. No scholar of either sex shall be permitted to enter 
an}^ part of the yard or buildings appropriated to the 
other, without the teacher's permission. 

28. Smoking and chewing tobacco in the school-house 
or upon the school premises, are strictly prohibited. 

29. The scholars shall pass through the streets on their 
way to and from the school in an orderly and becoming 
rcanner ; shall clean the mud and dirt from their feet on 
en<"ering the school-room ; and take their seats in a quiet 
and respectful manner, as soon as convenient after the 
first bell rings ; and shall take proper care that their books, 
desks, and the floor around them, are kept clean and in 
good order. 

30. It is expected that all the scholars who onjo}' the 



FORMS RELATING TO PUBLIC INSTRUCTION. 239 

advantages of public schools, will give proper attention to 
the cleanliness of their persons, and the neatness and de- 
cency of their clothes— not onh* for the moral effect of the 
habit of neatness and order, but that the pupils ma}' be at 
all times prepared, both in conduct and external appear- 
ance, to receive their friends and visitors in a respectable 
manner ; and to render the school-room pleasant, comfort- 
able and happ3^ for teachers and scholars. 

31. No scholar should tr}^ to hide the misconduct of his 
school-fellows, or screen them from justice ; but it shall be 
the dut}' of every pupil who knows of anj' bad conduct, or 
violation of order, committed without the knowledge of 
the instructor, to the disgrace and injury of the school, to 
inform the teacher thereof, and to do all in his power to 
discourage and discountenance improper behavior in 
others, and to assist the teacher in restoring good order 
and sustaining the reputation of the school. 

32. Every teacher shall keep a cop}' of these rules and 
regulations posted up in the school-ro<nii, and shall cause 
the same to be read aloud in school at least once in every 
month ; and in case of an}' difficult}' in carrying out these 
regulations, or in the govcTnment and discipline of the 
school, it shall be the duty of the teacher to apply imme- 
diately to the committee for advice and direction. 

II. 

Regulations for government of Pablic Schools, adojMd in 
South Kingatown, 1873. 

TEACHERS. 

1. Every person, before being employed to teach in any 
school supported wholly or in part by public money, shall 
be found qualified according to law ; and for any immoral 
or grossly improper conduct, or, for refusing to comply 



240 COMMON SCHOOL MANUAL. 

with the regulations of the school committee, or the re- 
quests of the commissioner of public schools, shall be dis- 
missed. 

2. The teachers are expected to make the teaching of 
their school the main business, to give to it their best 
thoughts and energies, and to devote themselves to it to 
the exclusion of all other regular emploj'meut. And it is 
recommended that frequent meetings of the teachers be 
held for the purpose of personal improvement and of giving 
efficiency to the system of instruction. 

3. It shall be the duty of the teachers to fill all blanks, 
and make such returns as may be required of them by law 
and by the school committee or trustees ; and to give 
notice to the superintendent of the time when the term 
will begin and close, so that the school may be visited 
according to law. 

4. In cases of difficulty in the discharge of their official 
duties, or when the}^ ma^^ desire any temporary* indulgence, 
the teachers shall apply to the trustees or committee for 
advice and direction. The teachers are required to be at 
their respective school-rooms to ring the bell from ten 
to fifteen minutes before the time of commencing the 
school in the morning and in the afternoon. 

5. The teacher shall enroll, the names of scholars as 
they enter the school — and cause all cases of absence and 
tardiness from whatever cause, to be marked every morning 
and afternoon, in the register provided for that purpose. 

6. The teachers in each school shall put the pupils into 
separate classes according to their age and attainments ; 
and shall teach them such portions of the prescribed 
studies as in their judgment it shall be most suitable for 
each class to pursue ; and each scholar shall be confined 
to the studies of his class, unless for good reasons an ex- 
ception be made b}- the teacher under the advice, or with 
the approbation of the committee. 



FORMS RELATING TO PUBLIC INSTRUCTION. 241 

7. It shall be the duty of the teachers to use their best 
endeavors to irapress upon the minds of the 3'outh com- 
mitted to their care and instruction, the principles of 
piet}', justice and a sacred regard to truth, love to their 
countr}', humanity and universal benevolence, sobriety, 
industry', frugality, chastity, moderation, temperance, and 
those other virtues -which are the ornament of human 
societ}' and the basis upon which our constitution is 
founded ; and they shall endeavor to lead their pupils, 
as their ages and capacities will allow, into a clear under- 
standing of the tendency of these virtues to preserve and 
perfect our institutions, and secure the blessings of liberty, 
as well as to promote their own happiness ; and also to 
point out to them the evil tendency of the opposite vices. 

8. Teachers shall exercise a general inspection over the 
conduct of the scholars, not only while in school, but also 
during their recesses, and while in the aisles and yards. 

9. It is recommended that the schools be opened by 
reading a portion of the Bible, which may be read either 
separately by the teacher, or by the scholars, or by both 
in connection ; and no scholar shall be required to engage 
in this exercise against the expressed wishes of the parent 
or guardian, but the whole school shall be required to give 
proper and respectful attention thereto, and to suspend all 
other subjects during this exercise. 

10. The teachers shall maintain such discipline in the 
schools as would be maintained by a kind, judicious pa- 
rent in his family, and shall avoid corporal punishment in 
all cases where order can be preserved by milder mea- 
sures. 

11. For violent opposition, or gross immorality, or in- 
decency, or contagious disease, a teacher may exclude a 
pupil from school for the time ; and in all such cases, shall 
forthwith give information in writing of the cause thereof 
to the parent or guardian, and to the superintendent. 

11 



242 COMMON SCHOOL MANUAL. 

12. Whenever the example of any scholar shall be such 
as to be dangerous to the morality of the other scholars 
or the good order of the school, and there is no hope of 
reformation, the teacher shall report the case to the trus- 
tees or superintendent for their advice and decision. 

13. The teachers shall exert themselves, under the ad- 
vice of the superintendent, to impart a knowledge of the 
English language (including orthograph}', etymology, pro- 
nunciation, definitions, composition, declamation gram- 
mar and reading) , writing, mental and written arithmetic, 
geograph}^, and the history of the United States. 

14. The following text-books shall be used in the public 
schools of the town ; and no teacher shall permit the use 
of any other, except by permission of the school com- 
mittee or superintendent ; nor shall any teacher permit 
the scholars to use any keys to arithmetics or other mathe- 
matical works in school. 

The following text-books shall be used in the studies 
specified : 

[Here insert the names of such books as have been pre- 
scribed by the school committee.] 

15. In case any scholar is not provided with the proper 
books, the teacher shall inform the parent, guardian or 
master thereof; and if such parent, guardian or master 
shall not within one week provide proper books, the 
teacher shall inform the trustees of the district, who shall 
provide the same in manner prescribed by law. 

16. The teacher shall endeavor to combine the use of 
oral instruction and familiar explanations with the recita- 
tion from the prescribed books. 

17. Vocal music shall be encouraged, and, as far as 
practicable, taught in all the schools. 

18. It is recommended that the older scholars have a 
recess of ten minutes, and the primar}' scholars two re- 
cesses of ten minutes in everv session. Except during 



i 



FOEMS RELATmG TO PUBLIC INSTRUCTION. 243 

the colder season, the males and females not to be out at 
the same time, where the school-yards are not properly 
divided, 

19. As pure air of a proper temperature is indispensable 
to health and comfort, teachers cannot be too careful in 
giving attention thereto. If the room has no ventilator, 
the doors and windows should be opened before and after 
school to permit a free circulation of air, and the tempera- 
ture should be regulated by a thermometer suspended some 
six feet from the floor, and kept at about sixtj-five de- 
grees Fahrenheit. 

20. The teachers shall take care that the school houses, 
the apparatus in the same, and all the public property 
entrusted to their charge, be not defaced or otherwise in- 
jured by the scholars ; and it shall be the duty of the 
teachers to give prompt notice, to one or more of the 
trustees, of an}' repairs or supplies that ma.j be needed ; 
and they may prescribe such rules for the use of the yards 
and outbuildings connected with the school-houses, as 
shall ensure their being kept in a neat and proper condi- 
tion, and shall examine them as often as ma}' be necessary 
for such purpose, and they shall be held responsible for 
any want of neatness or cleanliness about their premises. 

21. The following rules shall be observed by all teachers 
unless otherwise specified in their written contract ; — they 
shall teach six hours every day, including the recesses, 
and shall divide the day into two sessions with at least 
one hour intermission in the middle of the day — they shall 
teach every da}' in the week, except Saturday and Sunday, 
and four weeks for a month. They may dismiss the school 
on the Fourth of July, on Christmas, and days of public 
thanksgiving, fasts and holidays, and the annual meeting 
of the Rhode Island Institute of Instruction. 



244 COJOION SCHOOL MAWUAI.. 



PUFILS. 

22. Good morals being of the first iraportance, and es- 
sential to their progress in useful know'ledge, the pupils 
are strictly enjoined to avoid idleness and profanitj', false- 
hood and deceit, and every wicked and disgi'aceful prac- 
tice, and to conduct themselves in a sober, orderly and 
decent manner, both in and out of school, to obey all 
orders of their teachers in relation to their conduct and 
studies, and to be punctual and constant in daily atten- 
dance. 

23. The scholars must scrape their feet on the scraper, 
and wipe them on every mat they pass over on their way 
to the school-room ; they must hang their hats, caps and 
overcoats on the hooks, or deposit them*on the shelves 
appropriated to each respectively ; and must be held re- 
sponsible for the neatness of their own desks and the floor 
nearest to their seat, and for the good order of their books 
and stationery, 

24. No scholar who comes to school without proper at- 
tention having been given to the cleanliness of his person 
and of his dress, or whose clothes are not properly re- 
paired, shall be permitted to remain in school. 

25. Every pupil who shall, an}" where on, or around the 
school premises, use or write any profane or unchaste lan- 
guage, or shall draw an}' obscene pictures or representa- 
tions, or cut, mark or otherwise intentionally deface any 
school furniture, or buildings inside or out, or an}* property' 
whatsoever belonging to the school estate, shall be punished 
in proportion to the nature and extent of the offence ; and 
shall be liable to the action of the civil law. 

26. Every pupil who shall, accidently or otherwise, in- 
jure any school property, whether fences, gates, trees or 
shrubs, or anj" building or any part thei'eof, or break any 



FORMS RELATING TO PUBLIC INSTRUCTION. 245 

window glass, or injure or destro}^ any instrument, ap- 
paratus or furniture belonging to the school, shall be liable 
to pay in full for all the damage he has done. 

27. No scholar shall try to hi,de the misconduct of his 
school-fellows or screen them from justice, but it shall be 
the duty of every pupil who knows of an}'' bad conduct or 
xnolation of order committed witliout the knowledge of the 
instructor to inform the teacher thereof, and to do all in 
his power to assist the teacher in restoring good order and 
sustaining the reputation of the school, 

28. Ail the scholars shall leave school in good order 
and quietly, and as soon as dismissed, unless permitted 
by the teacher to remain : and all unnecessary noise in or 
around the school-house is prohibited. The throwing of 
sticks, stones, snow balls or other missiles in or near the 
school-house or on the school premises, and the knocking 
off of caps or hats are strictly prohibited. 

29. No scholar of either sex shall go into that part of 
the yard and buildings appropriated to the other without 
the teachei-'s permission. 

30. The use of tobacco in any form in the school-house 
or upon the school premises is forbidden. 

31. There shall be a return made from everj' school sup- 
ported in whole or in part by the public monej^, to the 
school committee according to the form published bj'^^the 
commissioner of public schools, and with such additional 
items of information as the commissioner or committee 
maj^ from time to time require. And if there be summer 
and winter schools, or there be two or more schools of the 
same or a different grade, a separate account shall be 
given of each school. 

32. Every teacher shall keep a copy of these rules and 
regulations posted up in the school-room, and shall cause 
the same to be read aloud in school at least once every 
month. 



246 COMMON SCHOOL MANUAL. 



ni. 



The following are extracts from the regulations of the 
school committee of Portsmouth, -which were drawn up by 
Thomas R. Hazard, Esq. : 

1. It shall be the teacher's duty to act as librarian, 
and to adopt regulations from time to time for the security 
and useful application of the books ; subject to the ap- 
proval of any committee which may be appointed by the 
district for that purpose. 

2. It shall be required of the teacher to read 
aloud to his pupils, either at the commencement or close 
of the school, in suitable sections, the constitution of the 
United States, and of the State of Rhode Island, and to 
encourage his pupils in the perusal of such works as may 
be furnished the school librarj- and approved of by the 
district, as may treat on commerce, finance, agriculture, 
manufactures, the mechanic arts, history of the law of 
nations as applicable in their intercourse with each other, 
and on such other subjects as may tend to qualify them to 
exercise that important and responsible trust, upon the 
faithful and upright discharge of which the very existence 
of their country may yet depend — " the right of suffrage." 

3. It shall be the teacher's duty not only to culti- 
vate the intellects of his pupils, but he shall seek proper 
occasions to promote their moral progress and improve- 
ment by discouraging the expansion of evil propensities ; 
and instilling into their minds every virtuous and elevated 
sentiment, such as at all times to adhere rigidly to the 
truth, both in heart and word, without regard to conse- 
quences ; that they maintain a strict regard to the rights 
and feelings of others ; and that the}' cultivate friendly 
and compassionate sentiments one towards another, and 
to all living creatures ; that they ever abstain from in- 



FORMS RELATING TO PUBLIC INSTRUCTION. 247 

flicting unnecessary pain or death on any part of the ani- 
mal creation ; and finally, that they live in conformity 
with that comprehensive injunction of the Saviour of men, 
and which includes every duty of man to his fellow man, 
"to do unto others as we would that they should do unto 
us." 



IV. 

Rules and Begulations of the Public Schools of Neiojport. 

CHAPTER I. — SCHOOL CALENDAR. 

1. The school year shall consist of four terms, often 
weeks each, and shall begin on the second Monday in 
September. 

2. There shall be a vacation of six weeks, at the close 
of the summer tei m ; of two weeks, at the close of the fall 
and winter terms, respectivelj^ ; and of two weeks, includ- 
ing the annual State Election. 

3. The following additional days shall be held as holi- 
da^^s : Washington's birthday, the Fourth of July, Thanks- 
giving daj^, and Christmas. 

4. School shall be held on every day of the week, ex- 
cept Saturda}^, Sunday' and the holidays. There shall be 
one session in the High School, from nine o'clock a. m., 
until two o'clock p. m. ; in the other schools there shall be 
two sessions, from nine o'clock a. m., until noon, and 
from two to four o'clock p. m. ; — provided, that nothing in 
this regulation shall deprive the committee of the right to 
claim of the teachers six hours' service a daj^, nor deprive 
the teacher of the right to detain a pupil an hour or a part 
of an hour, at the end of the afternoon session ; but no 
pupil shall be detained more than fifteen minutes^ after the 
close of the forenoon session. 



248 COMMON SCHOOL MANUAL. 

5. There shall be a recess of fifteen minutes for each 
pupil in ever}" forenoon session, including the time occu- 
pied in going out and returning ; and all schools in the 
same building, or occupying the same yard, shall have this 
recess at the same time. Other recesses shall be as au- 
thorized by the committee. 

6. At the end of everj^ half-term, except the last half- 
term of the school year, there shall be an examination in 
the studies pursued by the pupil, including music, which 
examination shall be in writing, in the grades above the 
primary ; the pupil shall also be examined as to his pro- 
ficienc}' in penmanship and drawing ; and a report shall 
be made by the teacher, of the per cent, attained at such 
examinations in the branches named, together with the 
standing of the pupil, his deportment and attendance. 
This report shall be prepared when the school is not in ses- 
sion, and shall be transmitted to the parent or guardian of 
the pupil, accompanied with the request that it be returned 
with the signature of the parent or guardian, in acknow- 
ledgment of its receipt. 

7. Examinations, oral or written, conducted by the 
superintendent, shall take place at the close of the sum- 
mer term ; and seventy per cent, shall be the minimum 
per cent, which renders a pupil entitled to promotion. 

8. The annual election of teachers will take place at 
the first regular meeting of the committee in July. 

CHAPTER II. TEACHERS. 

1. Teachers shall be in their respective school-rooms at 
least fifteen minutes before the hour for beginning school, 
morning and evening. 

2. Strict punctualit}^ shall be observed in opening and 
closing the sessions of the schools. At five minutes be- 
fore the regular and appointed time, the pupil shall be 



FOEMS RELATING TO PUBLIC INSTRUCTION. 249 

summoned indoors by the ringing of a bell at the door of 
the school-house, or at an open window of the room. At 
the appointed hour, precisely, a stroke of the bell shall 
be given bj the teacher at the desk ; and the exercises 
shall then immediately commence. 

3. School shall be opened in the morning with reading 
from the Scriptures, without comment, by the teacher. 

4. Each teacher (or the principal) shall keep a register 
of the names, ages and residences of the pupils, the names 
of their parents or guardians, the dates of their entering 
and leaving the school, and eveiy instance of absence and 
of tardiness. 

5. Each teacher shall make a weekl}^ report to the su- 
perintendent (a) of the number of pupils, of each sex, en- 
rolled during the year, and during the current term ; (b) 
of the average number belonging for the week ; (c) the 
average number of attendants ; (d) the number of cases 
of tardiness ; (e) the full names of such as have entered 
or left school, with the names of their parents or guard- 
ians ; and (f) of the books and other articles needed, or 
received, — together with such other information as should 
be communicated. 

6. He shall also make a quarter 1}^ report of (a) the 
whole number of names enrolled for the 3'ear ; (b) of bo3's ; 
(c) of girls ; (d) of those enrolled for the term ; (e) of 
boys ; (f) of girls ; (i) present number of pupils ; (j) 
number over fifteen 3-ears of age ; (k) average daily be- 
longing ; (1) average daily attendance ; (m) per cent, of 
attendance, found by dividing (1) by (k) ; (n) number 
and names of pupils not absent at all ; (o) number and 
names of pupils not tardy at all ; (p) number of pupils 
neither absent nor tardy, their names being checked in 
lists (n) and (o). 

7. Teachers shall give proper attention to the ventila- 
tion and temperature of their school-rooms ; they shall be 



250 COMMON SCHOOL MANUAL. 

responsible for the srood condition of their rooms and of 
all the pnbiic properly entrusted to their care ; and the 
teachers of highest grade in each school-house shall be 
held to answer for the proper condition of the 3'ards and 
outbuildings connected therewith. 

8. It shall be the dut}- of ever}' teacher to give prompt 
notice to the superintendent of needful repairs and sup- 
plies, and every teacher shall be held accountable for 
wants and injuries occurring through his neglect. 

■9. Teachers shall not entertain, nor confer with, any 
agent or vender of books, or other merchandise, during 
school hours ; nor shall any teacher read to the school any 
advertisement, during school hours. 

10. In case of the sickness of a teacher, notice shall be 
promptly given to the superintendent ; and no teacher 
shall withdraw from school during any part of its session, 
nor dismiss school before the regular hours of dismissal, 
without permission previous!}' obtained of the superinten- 
dent, except in an event of real emergencj' ; and, in this 
latter case, report shall be made to him as soon as possi- 
ble. 

11. In no case shall a substitute for a teacher be em- 
ployed without the especial consent of the superintendent 
previously obtained ; and the teacher shall jjay the substi- 
tute the same compensation as he would receive for the 
time. 

12. Any teacher may withdraw from a school at the end 
of a term, provided that at least one month's notice, in 
writing, be given the superintendent. An}' teacher who 
shall withdraw at an}' other time, or without giving the 
prescribed notice, shall forfeit all compensation for the 
term or for any part thereof. 

13. In order to discharge a teacher, it shall be necessary 
for the general committee to give him at least six weeks' 
previous notice, in writing ; but such discharge may take 



FORMS RELATING TO PUBLIC INSTRUCTION. 251 

effect at anj' period of the term. The previous notice 
shall not be required in cases of immoral conduct. 

14. Teachers are allowed and expected to visit other 
schools of the same grade as their own, to the extent of 
one daj' in each term ; but the approval of the superinten- 
dent must be previousl}' obtained, and the time allowed 
for visiting shall be used for no other purpose. 

CHAPTER III. PUPILS. 

1. No pupil shall be admitted to any school, except 
upon the presentation of a permit signed b}^ the superin- 
tendent. 

2. No pupil shall be excluded from school, except by 
direction of the superintendent or the committee ; but 
teachers may suspend a pujM for just cause ^ and thereupon 
shall maJce an immediate report of the case to the superin- 
tendent, and to the parent or guardian of the pujiil ; and 
the pupil cannot be allowed to return to the school, until 
re-instated by the superintendent or the committee. 

3. To be admitted to school, a child must be five j-ears 
old ; and, for admission to any grade, he must possess the 
attainments required by the school regulations. 

4. Pupils shall be considered as belonging to the schools 
to which they have been admitted, unless transferred by 
the superintendent, or until the end of the school year. 
To " belong" in this sense, is not necessarily to be enti- 
tled to a seat ; but it is, to be enrolled in the whole num- 
ber of pupils. 

5. Any pupil who shall be absent for six half-da^'s, or 
three whole days, in any period of four weeks, shall lose 
his membership, and, to be re-admitted, he must obtain 
special permission from the superintendent. In noting 
absences, the short vacation shall be disregarded. For 
the sake of uniformity in obtaining the per cent, of 



252 COMMON SCHOOL MANUAL. 

attendance, pupils shall be deemed belonging-, till the 
three daj^s expire whatever the cause of this absence, 
except in case of transfer, — in which case, the}" belong, 
until enrolled in some other school. ^^ Belonging" in this 
sense, is being entitled to a seat, with the exception named 
in section two. 

6. A pupil who has been absent from school for less 
than the time mentioned in section five, can be re-admitted 
on presenting to the teacher a written excuse signed by 
the parent or guardian. 

7. Absence from school, without the consent of the 
parent or guardian previously obtained ; leaving the 
school room in school hours, or the yard at recess, without 
the permission of the teacher ; and the tardiness of an 
habitual truant, extending be^'ond twenty minute'^, shall 
each be accounted truancy ; and all cases of truancy shall 
be at once reported to the superintendent, who ma}- ex- 
clude a pupil for truancj^, according to previouslj" estab- 
lished rules. 

8. Every pupil who is not seated at the sounding '>f the 
usual signal shall be accounted tard}', and shall be re- 
quired to present to the teacher a signed note, from parent 
or guardian, containing a request that the case of tardi- 
ness may be excused ; but the pupil shall be admitted ivith- 
out the note, and the case be attended to at another time, if 
he woidd probably be made absent b}- being sent at that 
time for the note. Tardiness extending be3'ond twenty 
minutes shall be accounted absence ; but the pup)il shall be 
admitted to the school, and other discipline shall take the 
place of enforced absence. 

9. No pupil shall be permitted to leave school before its 
close, for the purpose of attending to an}- private lesson ; 
nor shall he leave for any cause except sickness or some 
urgent reason. 

10. Every pupil who shall accidentally, or otherwise, 



FORMS RELATING TO PUBLIC INSTRUCTION. 253 

injure any school propertj- of whatever description, or 
shall write any profane or uncliaste language on any 
school property, shall be liable to pay in full for all the 
damage he has done, and shall be subject to the action of 
the civil law. 

Adopted by the School Board. 

May, 1872. 

V. 

Hides and Regulations of the Public Sdiools in the toivn of 
Barrington. 

TEACHERS. 

1. Everj' person before being employed to teach in any 
school, supported wholly or in part b}^ public mone}', shall 
be found qualified according to law. 

2. The teachers are expected to make the teaching of 
their schools their main business, to give to it their best 
thoughts and energies, and to devote themselves to it to 
the exclusion of all other regular emplo^'ment. 

3. It shall be thedut}- of the teachers to fill all blanks, 
and make such returns as may be required of them b}' law, 
and b}' the school committee or trustees. 

4. In case of difficulty in the discharge of their duties, 
or when thej' ma}- desire any temporarj- indulgence, the 
teachers shall apply to the superintendent or chairman of 
the committee for advice and direction. 

5. It shall be -the dut^^ of teachers and trustees to see 
that fires are made in cold weather, in their respective 
school-rooms at a seasonable hour to render them warm 
and comfortable by school time ; to take care that their 
rooms are properly swept, dusted and ventilated, and that 
a due regard to neatness and order is observed ; and they 
Tna.y prescribe such rules for the use of the j^ards and out- 
buildings connected with the school-house, as shall ensure 
a neat and proper condition of the same. 



25 i COMMON SCHOOL MANUAL. 

6. The government and discipline of tlie school should 
be of a mild and parental character, and the teachers 
should use their best exertions to bring scholars to obe- 
dience and a sense of duty bj' mild measures and kind 
influences ; and in cases where corporal punishment seems 
absolutely necessary, it should be inflicted with judgment 
and discretion, 

7. It shall be the duty of teachers to exercise a general 
inspection over the conduct of the scholars, not onl}' while 
in school, but also during their recess, and while coming 
to, and returning from school. 

8. In case of obstinate disobedience or wilful violation 
of orders, a teacher may suspend a pupil from school for 
the time being, and shall immediatel}' inform the parent 
or guardian, and the superintendent or chairman of the 
school committee of such case, and shall re-admit the 
pupil on satisfactor}' evidence of amendment. 

9. It is recommended that the schools be opened in the 
morning b}- reading a portion of the Bible, and by the use 
of the Lord's Prayer. 

10. As regularity and punctualitj' of attendance are 
indispensable to the success of a school, it is important to 
maintain the principle that necessity alone can justify 
absence ; sickness, domestic affliction, and absence from 
town, are regarded as the onlj^ legitimate causes of ab- 
sence. In ever}' case of absence, a written or verbal ex- 
cuse shall be required of the parent or guardian, on the 
return of the pupil to school. 

11. Ever}" scholar who comes in after the time for the 
commencement of the morning or afternoon session, must 
present a satisfactory' excuse, and a written excuse shall 
be required of pupils wishing to leave before the close of 
school. 

12. It is recommended that a uniform series of books 
shall be used in all the schools ; and no teacher shall use 



FORMS RELATING TO PUBLIC INSTRUCTION. 255 

or encourage the use of an^^ other books than those au- 
thorized b}' the school committee. 

13. In case an}" scholar is not provided with the proper 
books, the teacher shall inform the parent or guardian 
thereof, and if such parent or guardian shall not, -within 
one week, provide such books, the teacher shall notify the 
trustees of the district, who shall provide the same in the 
manner prescribed by law. 

14. Singing shall be encouraged, and as far as practi- 
cable taught in all the schools ; not onlj^ for its direct in- 
tellectual and moral influence, but as a healthy exercise to 
to the lungs, an agreeable recreation to the pupils, and an 
auxiliary in good government. 

15. There shall be a recess of not more than fifteen nor 
less than ten, minutes in each half day, and in no case 
shall any scholar be deprived of this privilege. 

16. The teachers shall take care that the school-houses 
and all the public property' entrusted to their charge, are 
not injured or defaced in an}' manner whatever. 

17. The teachers shall be provided with registers in 
which they shall enter the name, age and date of entrance 
of each pupil, record all absences, aud mark degrees of 
merit ; also all acts of disobedience or violation of orders 
shall be noted ; and the register shall be at all times sub- 
ject to the inspection of parents, trustees, superintendent 
and school committee. 

18. Teachers may dismiss their schools on all legal holi- 
days, and may devote one half-day in each month to visit- 
ing each school in the town. 

PUPILS. 

1. Good morals being of the first importance, and es- 
sential to their progress in useful knowledge, the pupils 
are strictly enjoined to avoid all vulgarity aud profanity, 



256 COMMON SCHOOL MANUAL. 

falsehood and deceit, and every wicked and disgraceful 
practice ; to conduct themselves in an orderly manner, 
both in and out of school ; to be diligent and attentive to 
their studies ; to treat each other politely and kindl}^ in all 
their intercourse ; to respect and obey all orders of their 
teachers in relation to conduct and studies, and to be 
punctual in th(;ir daily attendance. 

2. Every pupil who shall accidently, or otherwise, in- 
jure any school property, whether fences, gates, trees or 
shrubs, or any building, or any part thereof, or break any 
window glass, or injure or destroy any instrument, ap- 
paratus or furniture belonging to the school, shall be lia- 
ble to pay all damages, and shall be punished in propor- 
tion to the nature and extent of the offence. 

3. No scholar of either sex shall be permitted to enter 
any part of the yard or buildings appropriated to the 
other, without the teacher's permission. 

4. The smoking and chewing of tobacco in or about the 
school-house are strictly prohibited. 

5. The scholars shall clean the mud and dirt from their 
feet on entering the school-room, and shall take their seats 
in a quiet and respectful manner. 

6. Any scholar who may be absent from school on the 
last day of the term, will not be admitted again without a 
written permit from the superintendent or school com- 
mittee. 

7. Everj' teacher shall keep a copy of these rules and 
regulations posted up in the school-room, and shall cause 
the same to be read aloud in school, at least, once in every 
month. 



MISCELLANEOUS. 



MORAL INSTRUCTION 

Should by all means be inculcated bj- the teacher, bi^ 
jet so as to avoid all sectarian comments or bias. 

The rule laid down in the laws of the State of Massa- 
chusetts, while it points out and inculcates the dutj- of 
the teacher to give moral instruction, is carefullj^ drawn to 
avoid giving countenance to any attempt to impart secta- 
rian instruction. 

" It shall be the duty of the teachers to use their best 
endeavors to impress upon the minds of the youth com- 
mitted to their care and instruction, the principles of piety, 
justice, and a sacred regard to truth, love to their country, 
humanity and universal benevolence, sobriety, industry, 
frugality, chastity, moderation, temperance, and those 
other virtues which are the ornament of human society 
and the basis upon which a republican constitution is 
founded ; and they shall endeavor to lead their pupils, as 
their ages and capacities will allow, into a clear under- 
standing of the tendencies of these virtues to preserve and 
perfect a republican constitution, and secure the blessings 
of liberty, as well as to promote their own happiness ; and 
also to point out to them the evil tendency of the opposite 
vices." 

READING THE BIBLE AND PRATING IN SCHOOLS. 

The constitution and laws of the state give no power to 
a school committee, nor is there any authority in the state 



258 COMMON SCHOOL MANUAL. 

by which the reading of the Bible or pra3'ing in school, 
either at the opening or at the close, can be commanded 
and enforced. On the other hand, the spirit of the con- 
stitution, and the neglect of the law to specify any penalty 
for so opening or closing a school, or to appoint or allow 
any officer to take notice of such an act, do as clearly 
show that there can be no compulsory exclusion of such 
reading and praj-ing from our public schools. The whole 
matter must be regulated b}' the consciences of the teachers 
and inhabitants of the district, and b}' the general consent 
of the communit}'. Statute law and school committees' 
regulations can enforce neither the use nor disuse of such 
devotional exercises. School committees may recommend, 
but the}' can go no further. 

It is believed to be the general sentiment of the people 
of Rhode Island, that this matter shall be left to the con- 
science of the teacher ; and it is expected, that if he read 
the Bible as an opening exercise, he shall read such parts 
as are not controverted or disputed, but such as are purely 
or chiefl}' devotional ; and if he pra}- at the opening of his 
school, he shall be very brief, and conform as nearlj^ to 
the model of the Lord's Praj-er as the nature of the case 
will admit. And in all this, he is bound to respect the 
conscientious scruples of the parents of the children be- 
fore him, as he would have his own conscientious scruples 
respected by them in turn ; always, of course, taking care 
that in the means he uses to show his respect for the con- 
sciences of others, he does not violate the law of his own 
conscience. 

Below is the form of pra^-er allowed by law to be used 
in the public schools of Canada. It will be found com- 
prehensive and appropriate, and undoubtedly will be very 
generallj' acceptable to the community. It is given as a 
sample, like the samples of school rules and regulations 
previously given in these pages, and not as a form by any 



FOKMS RELATING TO PUBLIC INSTRUCTION. 259 

means prescribed, or even recommended to be used to the 
exclusion of any other. 

OPENING ANB CLOSING EXERCISES OF EACH DAT. 

1. With a view to secure the Divine blessing, and to 
impress upon the pupils the importance of religious duties, 
and their entire dependence on their Maker, the council of 
public instruction recommend that the daily exercises of 
each grammar-school be opened and closed by reading a 
portion of Scripture and by prayer. The Lord's Pra3-er, 
alone, or the forms of prayer hereto annexed, may be used, 
or an}' other praj-er preferred hj the board of trustees and 
head master of each grammar-school. But the Lord's 
Prayer shall form a part of the opening exercises ; and the 
ten commandments shall be taught to all the pupils, and 
shall be repeated at least once a week. But no pupil 
shall be compelled to be present at these exercises against 
the wish of his parent or guardian, expressed in writing to 
the head master of the school. 

Forms of Prayer. 

1. BEFORE ENTERING UPON THE BUSINESS OF THE DAT. 

O Lord our heavenly Father, Almighty and Everlasting 
God, who hath safely brought us to the beginning of this 
day, defend us in the same by Thy mighty power ; and 
grant that this day we fall into no sin, neither run into 
any kind of danger, but that all our doings may be ordered 
by Thy governance, to do always that is righteous in Thy 
sight, through Jesus Christ our Lord. Amen. 

O Almighty God, the giver of every good and perfect 
gift, the fountain of all wisdom, enlighten, we beseech 
Thee, oui' understandings by Thy Holy Spuit, and grant 



260 COMMON SCHOOL MANUAL. 

that whilst with all diligence and sincerity we apply our- 
selves to the attainment of human knowledge, we fail not 
constantly to strive after that wisdom which makes wise 
unto salvation ; that so, through Thy mercy, we may daily 
be advanced both in learning and godliness, to the honor 
and praise of Th^^ name, through Jesus Christ our Lord. 
Amen. 

Our Father which art in heaven, hallowed be Thj' name, 
Thy kingdom come, Thy will be done in earth as it is 
done in heaven ; give us" this day our dail}- bread ; and 
forgive us our trespasses as we forgive them that trespass 
against us ; and lead us not into temptation, but deliver 
us from evil ; for Thine is the kingdom, the power and 
the glory, for ever and ever. Amen. 



II. AT THE CLOSE OF THE BUSINESS OF THE DAY. 

Most merciful God, we yield Thee our humble and 
hearty thanks for Thy fatherly care and preservation of 
us this day, and for the progress which Thou hast enabled 
us to make in useful learning : we pray Thee to imprint upon 
our minds whatever good instructions we have received, 
and to bless them to the advancement of our temporal and 
eternal welfare ; and pardon, we implore Thee, all that 
Thou hast seen amiss in our thoughts, words and actions. 
May Th}^ good providence still guide and keep us during 
the approaching interval of rest and relaxation, so that we 
may be thereby- prepared to enter on the duties of the 
morrow with renewed vigor, both of bodj^ and mind ; and 
preserve us, we beseech Thee, now and ever, both out- 
wardly in our bodies, and inwardly in our souls, for the 
sake of Jesus Christ, Th}- Son, our Lord. Amen. 

Lighten our darkness, we beseech Thee, Lord ; and 



FORMS RELATING TO PUBLIC INSTRUCTION. 261 

bj^ Thy great mercy, defend us from all perils and dangers 
of this night, for the love of Thine onl}' Son, our Saviour, 
Jesus Christ. Amen. 

Our Father which art in heaven, hallowed be Thy name, 
Thy kingdom come. Thy will be done in earth as it is in 
heaven ; give us this da}^ our daily bread ; and forgive us 
our trespasses as we forgive them that trespass against 
us ; and lead us not into temptation, but deliver us from 
evil ; for Thine is the kingdom, the power and the glory, 
for ever and ever. Amen. 

The following forms of prayer, for the opening of 
schools, are taken from a very excellent volume of 
"Prayers for Schools," by N. Tillinghast, Esq., late prin- 
cipal of the Massachusetts State Normal School at Bridge- 
water ;— a volume which will be found profitable for every 
teacher to study, if not convenient for him to use. 

FORMS FOR MORNING PBATER. 



We return humble and hearty thanks to Thee, most 
merciful Father, that Thou hast sent to us, through Jesus 
Christ, the revelation of Thy law of love. Grant us the 
assistance of Thy Holy Spirit that we may live in accor- 
dance with that law, loving one another, and doing good 
to one another as we have opportunity. We thank Thee 
for that glorious liberty into which we have been called, 
by which a way is opened to us to escape from the slavery 
of sin, the destruction of that spirit which is the heir of 
an immortal hope. Grant that we may not make this 
liberty a cloak of licentiousness, but that, while we walk 
unbound, we ma^' keep fast our dependence on Thee, and 
look to Thee, at every step, for guidance and support. 



262 COMMON SCHOOL MANUAL. 

Grant us, Almighty Father, clear notions of Thee and of 
Thine attributes ; make us more humble, more sincere, 
more pure in heart ; send us that wisdom which is from 
above, which is first pure, then peaceable, gentle, and easy 
to be entreated, full of merc}" and good fruits, without 
partialit}^ and without h3'pocrisy ; and grant that this 
divine wisdom may be the man of our council, and the 
guide of our lives. Let Th}^ blessing be with those for 
whom we should pra3^ May Thy will be done in earth as 
it is in heaven, and may all men come to the knowledge 
and the love of Thee, through Jesus Christ our Lord 
Amen. 

II. 

Almighty Father, we know that Thy listening ear is 
ever open to the petitions of Thy creatures ; that Thou 
art more ready to hear than we to speak ; more ready to 
give than we to ask ; grant to us, we beseech Thee, the 
spirit of praj'^er, that we may ask worthilj^ that which we 
ought to ask at all ; grant us faith, also, that we may 
pray with an entire confidence in Thy mercy, believing 
that, whether we receive or not what we ask for. Thou 
hast heard our praj^er, and hast done what is best for us. 
"We thank Thee that while we are pressed by a sense of 
our own weakness, and are surrounded on all sides by 
dangers beyond our control, we are called in Th}' gospel 
to look to Thee, the infinite Creator and Governor of all 
things, as our Father ; maj^ we keep this relation ever in 
our mind, and strive to do nothing unworthy of Thy 
children ; may our thoughts, words and actions, be kept 
in subjection to Thy will. Amen. 

in. 

"We humbly and devoutly thank Thee, Almightj- Father, 
That thou didst, in breathing into us the breath of life, 



FORMS RELATING TO PUBLIC INSTRUCTION. 263 

create us in Thine own image, with capacities to seek and 
to enjoy those things in which Thou clelightest. Thou 
hast surrounded us with trials and temptations, for in no 
other way than in resisting and overcoming these, can 
our moral faculties acquire strength. Assist us, we be- 
seech Thee, to carrj^ on this conflict earnestly and 
steadil}-, looking to Thee for help, and to Him who was 
tempted like as we are, yet without sin, for guidance and 
example. Let no temptation beset us, that Thou will not 
give us power to resist ; may we not be overcome of evil, 
but overcome that evil in which we have heretofore lived 
with good. Thou knowest our peculiar weaknesses and 
our peculiar wants ; grant us help, we pray Thee, Almighty 
Father, according to our respective needs ; grant us the 
spirit of prayer, that whether in prosperity or adversity, 
in sorrow or gladness, we may ever turn to Thee, and lay 
our thanksgivings or our petitions before Thy throne. We 
entreat Thee for Th^^ mercj^ on all those with whom 
Thou hast connected us in ties of kindred and aflEection ; 
may the consolations of Thy gospel be with all Thy 
children ; and may Thy name be hallowed, and Th}' praise 
be sounded throughout all the earth ; for Thine is the 
kingdom, and the power and the glory, now and forever. 
Amen. 



IV. 



Almight}^ Father, the giver of ever}'- good and perfect 
gift, in whom we live and move and have our being, in 
our ignorance and foil}' we come unto Thee, the source of 
wisdom, and entreat of Thee knowledge and understand- 
ing : grant us clear perceptions of truth, and a deep con- 
viction of its infinite importance ; may we feel that as no 
error nor deceit can exist in Th}' presence, so we may 
never hope to enjoy Thy favor, if we train our minds to 



264 COMMON SCHOOL MANUAL. 

falsehood ; may we learn and ever remember that it is 
Thy will that we should perform ever}^ duty, from the 
greatest to the least, with a perfect fidelity ; and grant us, 
we beseech Thee, that single mindedness and that godly 
sincerit3', that may enable us to give to every employ- 
ment and every situation its just measure, so that nothing 
may appear to us as great or desirable which does not 
lead us forward in moral improvement, and nothing may 
seem to us mean or low which is useful to others, or pro- 
fitable to ourselves. "We thank Thee, we render to Thee 
our deepest gratitude, that we have ever before us a per- 
fect model of how duty should be performed, in Jesus 
Christ ; He took upon Himself the form of a servant, and 
was despised and rejected of men, that He might perform 
Thy will, and satisfy His deep love of mankind by calling 
them to repentance. May Th}^ blessing be with us this 
day, leading us from evil, shielding us from danger, and 
bringing us nigher to Thee ; and unto Thy name, through 
Jesus Christ, our Saviour, be everlasting praises. Amen. 



INDEX 



[c. stands for chapter ; s.for section of the sclwol law ; and p-for 
page.'] 

Abatement of taxes, liow made, c. 51, s. 6, p. 20. 
Accounts of scliool committee, how kept, p. 179. 

teachers' money to be kept by town treasurer, c. 47, 

s. 6, p. 11. 
trustees with districts, p. 187. 
Affirmation, see Oath and Engagement. 
Admission to schools, age of, should be uniform in all districts, 

p. 178; also c. 5b, s. 1, p. 35. 
Admission of scholars over fifteen, ibid. 
Age of scholars, record of, to be kept by teacher, c. 54, s. 5, 

p. 28. 
Alteration of distx'icts, see Districts. 
Annulment of teacher's certificate, c. 53, s. 7, p. 24. 

remarks upon, p. 174. 
made by vote of school 

committee, p. 174. 
decisions concerning, p. 49- 

56, and p. 81-91. 
power of, cannot be dele- 
gated, p. 51. 
Apparatus may be provided by district, c. 48, s. 3, p. 13. 
Appeal to the commissioner, in what cases, c. 55, s. 1, p. 29. 

if legal votes are counted, p. 

72-75 . 
if illegal votes are counted, p. 

73-78. 
to be decided without costs, c. 55, 

s. 1, p. 29. 
rules of may be fixed by commis- 
sioner, c. 55, s. 3, p. 29. 
12 



266 COMMON SCHOOL MANUAL. 

Appeal to court of common pleas from appraisal of school- 
house lot, c. 53, s. 6, p. 24. 
Appeal, persons may agi'ee to submit to the commissioner, 

c. 55, s. 4, p. 29. 
Appeal, commissioner's decision on, to be laid before a judge, 

c. 55, s. 2, p. 29. 
Appeal, if not taken, vote final, c. 55, s. 5, p. 30. 

remarks concerning, p. 202, 203, 
Apportionment of district property, c. 50, s. 13, 14, p. 18. 
taxes in joint districts, c. 51, s. 8, p. 20. 
state and town money, see Money. 
Apportionment, how forfeited by towns, c. 46, s. 5, p. 10. 
Appropriation for public schools, whence derived, c. 46, s. 1, 

p. 9, 10. 
Appropriation, how apportioned to towns by commissioner, 

c 46, s. 2, p. 9. 
Appropriation, how to be expended, c- 46, s. 3,* p. 9. 

condition on which received by towns, c. 46, 

s. 4, p. 9. 
when forfeited, c. 46, s. 5, p. 10, 
commissioner to draw orders for, c. 46, s. 6, p. 
deaf, dumb, blind and idiotic, Title xiii., c. 71 

s. 1, p. 38. 
for normal school, c 56, s. 4, 5, 6, p. 32, 33. 
for teachers' institutes, lectures, and Editcaiional 

Joxirnal, c. 56, s. 6, p. 33. 
by towns for their own schools, p. 160. 
remarks concerning, p. 179, 180. 
Assessment of real and personal property must be made sepa- 
rately, p. 190, 191. 
Assessment on property lying partly out and partly in the dis- 
trict, how made, c. 51, s. 2, p. 19; also p. 191. See Trustees. 
Assessment of taxes, p. 103. 

Assessors of town taxes, five cases when they shall assess dis- 
tinct taxes, c. 51, s. 2, p. 19. 
Assessors in joint districts, c. 51, s. 8, p. 20. 

See Tax. 
Assistant teachers must be examined, c. 54, s, 1, p. 28. 
Associations for libraries, form of constitution foi", p. 203-206. 
Attendance of scholars in schools, register of, kept by teachers, 
0. 54, s. 5, p. 28. 



INDEX. 267 

Attendance of scholars in schools made the basis of division 

of money, c. 53, s. 12, p. 25. 
Attendance of scholars in schools, average of, how calculated, 

p. 197. 
Attendance of scholars in adjacent districts in other towns, 

c. 52, s. 10, p. 22. 
Attorney, district must execute deeds, p. 225. 
form of vote to appoint, p. 227. 

Bible in schools, remarks on use of, p. 198, 199. 
Bills, rates of tuitions, c. 52, s. 7, p. 22 and 186. 

disposition of it, c. 52, s. 9, p. 22. 
Blackboards may be furnished by tax, c. 48, s, 3, p. 13. 
Blanks for teacher to fill, c. 54, s. 5, p, 28. 

how distributed, c. 47, s. 9, p. 12. 
importance of, p. 179, 180. 
Blind, provisions for educating, see App7'opriations. 
Board of education, how constituted and the duties, c. 44, s. 1, 

p. 6. 
Board of education, how divided and term of office, c. 44, s. 2, 

p. 7. 
Board of education, vacancies, how filled, c. 44, s. 3, p. 7. 
officers of, c. 44, s. 4, p, 7. 
to hold quarterly meetings and prescribe 

rules, c. 44, s. 5, p. 7. 
to report to general assembly, c. 44, s. 6, 

p. 7. 
travelling expenses, c. 44, s. 7, p. 7. 
remarks, p. 158. 
Bond, collector and treasurer of a district not to give, unless 

required, c. 48, s. 6, p. 14. 
Bond, form of collector's, p. 221. 
form of treasurer's, p. 220. 
Books, commissioner may recommend, c. 45, s. 3, p. 8. 
school committee to regulate, c. 53, s. 9, p. 25. 
to be provided by trustees for poor scholars, c. 52, s. 3, 

p. 21. 
sectarian, to be excluded, p. 198. 
Boimdaries, see Districts. 

Buildings, plans for school-houses to be approved, c. 51, s. 7, 
p. 20. 



268 COMMON SCHOOL MANUAL. 

Buildings, form of contracts for, p. 215. 

contract for, not legal till lot is fixed, p. 73. 
Burrillville case of district No. 7, p. 46, 56 and 117; No. 12,p. 64. 



Case of district, No. 5, Cumberland, p. 45. j 

No. 1, Barrington, p. 142. ; 
No. 7, Burrillville, p. 46, 56, and 117; No. 12, 

p. 64. I 
No. 3, North Providence, p. 48, 49, 55, 58, 61, I 

72, 75 and 109. ' 
No. 8, North Providence, p. 95. 
No. 10, North Kingstown, p. 67. 

No. 3, West Greenwich, p. 112. j 

No. 5, Little Compton, p. 71. I 

No. 8, West Greenwich, p 106. I 

No. 7, Warwick, p. 125. j 

Case of, Layton E. Searaans, p. 79. i 

Emor Smith, p. 81, 86. ■'{ 

Johnson and Card, p. 94. j 
J. H. Willard, p. 97, 129, 132. 

E. S. .Wilkinson, p. 103. | 

P. B. Stiness, Jr., p. 120. [ 

J. Crandall, p. 126. 1 

w. s. Holt, p. 140. ; 

J. R. Davenport, p. 144. i 

J. T. Cottrell. p. 149. j 

S. O. Seymour, p. 154. I 

A. D. Small, p. 147. ] 

Casting vote of moderator of a district meeting, p. 94. , 

Cautions for district meetings about to assess a tax, p. 219. 

Certificate, of election to district office, p. 207. i 

of engagement, see Oath. 

of teacher's qualifications, c. 54, s. 1, p. 28. j 

required, p. 139, 140. I 
how long valid, c. 54, s. 2, p. 28. 

may be limited, p. 59. , 

by whom annulled, c 54, s. 7, p. 24. i 

necessary in order to draw money, p. 94. I 

mode of examining for, p. 108-173. ^ 

form of, p. 208. ] 
of annulling, 208. 

"1 



INDEX. 269 

Change of books, how made, c. 53, s 22, p. 27. 
Chairman of school committee to be engaged, c. 58, s. 2, p. 35. 

may be removed c. 53, s. 1, 

p. 23. 
may sign official papers, c 53, 

s. 1, p. 23. 
form of engagement, p. 207. 
Children, absent and truant from school, c. 57, p. 33, 34. 
Clerk, of a town, see Town Clerk. 

of school committee to be engaged, c. 58, s. 2, p. 35. 
may be removed, c. 51, s. 1, p. 23; also, p. 132. 
of a school district must be an elector, .Constitution, Arti- 
cle ix., s. 1, p. 3. 
to be engaged, c. 58, s. 2, p. 35. 
record names of voters, c. '49, s. 7, p, 16. 
to procure book for record, p. 196. 
evidence of engagement, c. 58, s. 3, p. 35. 
to deliver papers, c. 58, s. 5, p. 35. 
duties and powers of, c. 48, s. 6, p. 13. 
how long to hold office, c. 58, s. 4, p. 35. 
to record all motions, p. 196. 
to read records in open meeting, p. 196. 
See Records and Tax. 
Collection of district taxes may be put into the hands of town 

collector, c. 48, s. 8, p. 14. 
Collection of district taxes, by whom made, c. 48, s. 7, p. 14. 
Collector of district, how appointed, c, 48, s. 5, p. 13. 

must be engaged, c. 58, s. 2, p. 35. 
need not give bonds, c. 48, s. 6, p. 14. 
has same powers as town collector, c. 48, 

s. 6, p. 13. 
to receive warrants from trustees, p. 196. 
how long holds office, c. 58, s. 4, p. 35 
form of engagement, p. 207. 
warrant to collect, p. 222. 
See Tax. 
Commissioner of public schools, how elected, c. 45, s. 1, p. 8, 

to recommend books, c. 45, 

s. 3, p. 8. 
powers and duties, c. 45, s. 3, 
p. 8. 



270 COMMON SCHOOL MANUAL. 

Commissioner of public schools, to be engaged, c. 58, s. 2, p. 35. 

to hear and decide appeals, 

c. 55, s. 1, p. 29. 
power to locate school-houses, 

p. 149. 
may make rules to regulate 

appeals, c. 55, s. 3, p. 29. 
may lay statement before 

judge, c. 55, s. 2, p. 29. 
to apportion money to towns 

in May, c. 46, s. 2, p. 9. 
to draw orders for money in 
favor of towns, c. 46, s. 6, 
p. 10. 
to visit schools and diffuse in- 
formation, c. 45, s. 2, p. 8. 
to secure uniformity of text- 

book^!, c. 45, s. 3, p. 8. 
to deliver addresses, c. 45, 

s. 2, p. 8. 
to make report to board of 
education, c. 45, s. 4, p. 9. 
may approve plans of school- 
houses, c. 48, s. 3, p. 13. 
may remit forfeitures, etc., 

c. 55, s. 12, p. 31. 
may abate taxes in cases, c. 51, 

s. 6, p. 20. 
may correct errors in taxes, 

c. 51, s. 5, p. 20. 
may order tax in cases, c. 51, 

s. 4, p. 19. 
remarks, p. 159. 
Committee, see School Committee. 

Compensation, school committee not to receive, c. 47, s. 4, p. 11. 
of superintendent of town schools, c. 47, s. 5, 
p. 11. 
Conscience, freedom of, secured, Constitution, Article i., s. 3, 

p. 2. 
Consolidated districts, powers of, c. 50, s. 5-8, p. 17. 
Contract of district, may be enforced by commissioner, c. 51, 
s. 4. p. 19. 



INDEX. 271 

Contract, of district, not legal, when, p. 72. 

with teacher, p. 154. 

form of, p. 209. 

for building, p. 215. 
Corporations, school districts to be, c. 48, s. 1, p. 13. 
Costs, appeals to be decided without, c. 55, s. 1-6, p. 29. 

of suits in courts, p. 57. 
Council, see Town Council. 
Coventry case of district. No. 5, p. 79. 
Cumbei'land, case of district, No. 5, p. 45. 

Deaf and dumb, see Appropriations. 
Deed, form of, power to execute, p. 228. 
to district, form of, p. 226. 
from tax collector, p. 223 . 
from district, p. 228. 
Deceased officers and soldiers, their children, c. 58, s. 13, p. 37. 
Dismissal of a teacher, c. 54, s. 4, p. 28. 

case of, p. 79. 
Disqualifications for office. Constitution, Article ix., s. 1, p. 3. 
District clerk, see Clerk. 

collector, see Collector. 
Trustees, see Trustees. 
Treasurer, see Treasurer. 
Taxes, see Tax. 
Districts made corporations, c. 48, s. 1, p. 13. 
powers of, c. 48, s. 2-4, p. 13. 
how organized, c. 49, s. 1, p. 14. 
boundaries, how fixed, c. 53, s. 3, p. 23. 
remarks concerning, p. 188. 
when altered, how property to be apportioned, c. 50, 

s. 13, 14, p. 18. 
confirmed as now existing, c. 47, s. 2, p. 10. 
no new ones formed with less than forty scholars, 

c. 53, s. 3, p. 23. 
annual meeting of, c. 49, s. 2, p. 15. 
officers of, c. 48, s. 5, p. 13. 
District meetings, cautions, p. 219. 

when school committee to call, c. 49, s. 1, 

p. 14 
when citizens may demand, c. 49, s. 3, p. 15. 



272 COMMON SCHOOL MANUAL. 

District meetings, where held, c. 49, s. 4, p. 15. 

time of notice, c. 49, s. 5, p. 15. 

mode of notice, c. 49, s. 5, p. 15. 

form of votes prescribing mode of notice, 

p. 210, 211. 
qualification of voters, c. 49, s. 6, p. 15. 
clerk of, engaged, c. 58, s. 2, p. 35. 
quorum of, p. 189, 

officers must be electors, Constitution, Arti- 
cle ix., s. 1, p. 3. 
may require bond, of whom, c. 48, s. 6, p. 14. 
maj^ insure school-house against fire, c. 48, 
s. 3, p. 13. 
District, principles to govern laying of, p. 210. 
remarks on, p. 165. 
property of, p. 192. 

may commit whole care of schools to school com- 
mittee, c. 48, s. 10, p. 14. 
may r.aise money by tax to support schools, c. 48, s. 4, 

p. 13. 
may tax for building school-houses, c. 48, s. 3, p. 13. 
for maps, ibid. 
for library, ibid. 
must make returns to school committee, c. 52, s. 5, p. 21. 
may adopt a seal, p. 232 
when can rescind a vote, p. 189. 
how money is apportioned to, c. 53, s. 12-14, p. 25. 
writs against, how served, c. 55, s. 10, p. 31. 
inhabitants of, may answer suits, c. 55, s. 7, p. 30. 
may take land for school-house, c. 53, s. 5, p. 24. 
may establish gi'ammar schools, chaps. 50 and 51, 

p. 16-20. 
neglecting to establish a school, committee may, c. 48, 

s. 9, p. 14. 
may form joint districts, c. 50, s. 1, 2, p. 16. 
Districts, joint, how formed, c. 50, s. 8, 9, p. 17. 
in diflerent towns, ibid. 
forui of vote to unite, p. 231. 
powers of, c. 50, s. 1,2, 10, p. 16, 17. 
meetings of, c. 50, s. 3, 9, p. 16, 17. 
public money for, how apportioned, c. 50, s. 6, 
p. 17. 



INDEX. 273 

Districts, joint, committfte of, wliicli town to supervise, c. 50, 
s. 10, p. 17. 
taxes in, how collected, c. 48, s. 7, p. 14. 
taxes in, how assessed, c. 51, s. 8, p. 20. 
how altered, c. 53, s. 3, p. 23. 
when divided, how property apportioned, c. 50, 
s. 13, p. 18. 
Donations for education, Constitution, Article xii. s. 3, p. 3. 
Dumb, provision for, see Appropriations. 

Education, constitutional provision for. Constitution, Article 

xii., s. 3, p. 3. 
Election of school committee, c. 47, s. 4, p. 11. 
of disti'ict officers, c. 48, s. 5, p. 13. 
once made cannot be rescinded, p. 71. 
to fill vacancy must be notified, p. 110. 
Engagement of school officers, c. 58, s. 2, 3, 4, p. 35. 
penalty for not taking, c. 58, s. 5, p. 35. 
officers, holding over, not take a new, c. 58, s. 4, 

p. 35. 
record of, c. 58, s. 3, p. 35. 
Errors in assessments, how corrected, e. 51, s. 5, p. 20. 
Evening prayer, forms for, p. 260. 

Examination of teachers, made by committee, c. 53, s. 7, p. 24. 
mode of conducting, p. 168-173, see 
Certificate and Teacher. 
Exemption of district property from taxation, see General 
Statutes ; also p. 192. 

Factories, children employed in. Title xx., c. 155, p. 40. 
Fees, c. 58, s. 11, 12, p. 36, 37. 
Fines, c. 58. s. 11, 12, p. 36, 37; sec Fenalties. 
Fires for schools not to be made by scholars, p. 69. 
Forfeitures, see Penalties. 

Forfeiture of a town's share of state money, c. 46, s. 4, 5, p. 9. 
commissioner may remit, c. 55, s. 12, p. 31. 
of district's money, c. 53, s. 19, p. 27. 
of town's not to be remitted, c. 55, s. 12, p. 31. 
Form of Avarrant of election of school officers, p. 207. 
of oath or engagement, p. 207. 
of teacher's certificate, p. 208. 
of annulment, of certificate, p. 208, 



274 COMMON SCHOOL MANUAL. 

Form of contract with teacher, p. 209. 

of notice of first district meeting, p. 210. 
of notice of annual or special meeting, p. 211. 
of application to trustees for district meeting, p. 212. 
for beginning records, p. 212. 
of vote to appoint ofiicers, p. 213. 
fixing mode of notice, ibid. 
to devolve care of school on committee, p. 214. 
to build school-house, p. 215. 
to lay tax, p. 218. 
to appoint attorney, p. 227. 
to organize joint district, p. 231. 
of tax bill, p. 219. 
contract to build, p. 215. 
of treasurer's bond, p. 220. 
of collector's bond, p. 221. 
of warrant to collect tax, p. 222. 
of collector's deed, p. 223. 
of lease to district, p. 224. 
of deed to disti-ict, p. 226. 
of deed from district, p. 228. 
of order for money, p. 229. 
of notice of appeal, p. 230. 
of school regulations, p. 233-256. 
of prayers for schools, p. 259. 
of constitution for libraries, p. 204. 
of town treasurer's certificate to obtain money, p. 161. 
Freedom, religious, secured. Constitution, Article i., s. 3, p. 2. 

political, ihid. 
Fuel, how provided, c. 52, s. 2, p. 21. 
Fund, permanent, Title v., p. 3, c. 26, s. 1, p. 4. 

general treasurer to have care of, c. 26, s. 1, 
p. 4. 

how to be increased, c. 26, s. 2, 3, p. 5. 

how to be invested, c. 26, s. 4, p. 5. 

how to be applied, c. 26, s. 5, p. 5. 

General Treasurer, see Treasurer. 

Governor to select beneficiaries, c. 71, s. 2, p. 38. 

to draAv money, c. 71, s. 3, p. 39, 
Gradation of schools permitted, p. 180. 

districts may gi-ade schools, c. 50, p. 16. 



INDEX. 



275 



Gradation of districts, committee cannot compel, p. 180. 
Grammar schools, adjacent districts may establish, c. 50, s. 1, 
p. 16. 

Incorporations for libraries, p. 204. 

Indian school, c. 158, p. 42. 

Inhabitants of districts may answer suits, c. 55, s. 7, p. 30, 

Instruction, moral, teacher's duty, c. 54, s. 6, p. 28. 

moral, remarks on, p. 169. 
Insurance on school house, c. 48, s. 3, p. 13. 

Joint Districts, see District ; also p. 194. 

Kingstown, South, regulations for schools of, p. 239. 
Knowledge, diflusion of, Constitution, Article ix., s. 1, p. 3. 

Lease of building to district, p. 225. 

Legal proceedings, c. 55. 

Liberty, political and religious, secured. Constitution, Article i., 

s. 3, p. 2. 
Location of school house to be made by committee, c. 53, s. 4, 

p. 24. 
Location of school-house, remarks on, p. 167. 
Lord's Prayer, remarks, p. 258. 
Lot for school-house, how title acquired, e. 53, s. 5, p. 24. 

should be acquired before building, p. 73, 
74. 

Maps may be provided by districts, c. 48, s. 3, p. 13. 
Meetings of school committee, see School Co'tnmittee also; p. 164. 
of districts, see Districts. 
for religious worship in school-houses, p. 193; see 

Notice. 
quorum of, p. 189. 

of trustees must be notified, p. 106-109. 
Misconduct, scholars expelled for, c. 53, s. 10, p. 25. 
Moderator of a district meeting may vote as others, p. 94. 

when casting vote, 
p. 94. 
Money from general treasury, how apportioned to towns, c. 46, 
s. 2, p. 9. 



276 COMMON SCHOOL MANUAL. 

Money from general treasiu-y, how apportioned to districts, c. 53, 

s. 14, p. 26. 
Money from town treasury, how apportioned to districts, c. 53, 

s. 13, p. 25. 
Money from registry taxes, c. 53, s. 14, p. 26. 

to whose oi'der payable, c. 53, s. 17, p. 26. 
remaining over may be divided, c. 53, s. 19, p. 27. 
reserved for printing committee's I'eport, c. 53. s. 21, p. 27. 
teacher's, what and how applied, c. 46, s. 3, p. 9. 
when forfeited by district, c. 53, s. 16, 19, p. 26, 27. 
when forfeited by town, c. 46, s. 5, p. 10. 
Morning prayer, form of, p. 261. 
Moral instruction, c. 54, s. 6, p. 28. 
remarks, p. 257. 

New Testament, see Bible. 
Normal School, c. 56, s. 1-5, p. 32. , 
Notice of special meetings of school committee, p. 45, 164. 
of districts, c. 49, s. 5, p. 15. 
of district to organize, c. 49, s. 1, p. 14. 
Notice, mode of, how prescribed, c. 49, s. 5, p. 15. 

what mode when school committee call, c. 49, s. 5, p. 15. 

evidence of, c. 55, s. 11, p. 31; also p. 57. 

time of, c. 49, s. 5, p. 15. 

of town assessors in case of district tax, c. 51, s. 3, p. 19. 

Oath of oflS.cers, c. 58, s. 2, p. 35. 

See Engagement. 
Officers to be engaged, c. 58, s. 2, p. 35. 

who may be elected. Constitution, Article ix., s. 1, p. 3. 
to hold till others are appointed, c. 58, s. 4, p. 35. 
term expires when others are appointed, p. 124. 
Orders for teachers' wages, c. 53, s. 16, p. 26. 

by whom signed, c. 53, s. 1, 16, 

p. 18, 26. 
may be given to teachers, c. 53, s. 16, 

17, p. 26. 
cannot be given to teachers without 

certificate, p. 94. 
not to be given till services are per- 
formed, c. 53, s. 18, p. 26 



277 



Orders on general treasurer, how procured, p. 161. 

form of, p. 229. 
Organization of school committee, c. 53, s. 1, p. 23. 

of districts, c. 49, s. 1, p. 14; also c. 50, s. 9, p. 17- 

Penalties for disturbing school, p. 202. 

for nuisance near school-house, c. 58, s. 8, p. 36. 

for misappropriating money, c. 58, s. 5, p. 35. 

for not delivei'ing copies, c. 58, s. 5, p. 35. 

of agent of factory, Title xx., c. 155, s. 24. p. 40. 

for not taking oatli, c. 58, s. 5, p. 35. 

how enforced, p. 202. 

commissioner may remit, c. 55, s. 12, p. 31. 

for private scshools refusing to admit school com- 
mittee, c. 58, &. 7, p. 36. 
Plans of school-houses to be approved, c. 48, s. 3, p. 13. 
Poor scholars not to be excluded from school, c. 58, s. 1, p. 35. 
may be supplied with books at expense of dis- 
trict, c. 52, s. 3, p. 21. 
Power of attorney, p. 227. 
Prayer in schools, p. 257. 

Process against district, how served, c. 55, f. 10, p. 31. 
Providence schools of, how regulated, c. 58, s. 9, p. 36. 
Provisions for public schools, power to make, see Constitution. 
Punishment for disturbing schools, p. 202. 

Qualifications of voters in district meetings, c. 49, s. 6, p. 15; 

also p. 72-75. 
Qualifications of teachers, c. 54, s. 1, p. 28; see Examinations, 

Teachers, and Voters. 
Quorum of school committee, c. 53, s. 2, p. 23. 
of district meeting, p. 189. 

Reconsideration of votes, p. 93, 189. 

Records of district boundaries kept by town clerk,c. 47, s. 9, p. 12. 

of committee, p. 179. 

of districts, p. 195. 

of names of voters, c. 49, s. 7, p. 16. 

should be read in open meeting, p. 196. 

forms for, p. 212, 213. 
Register of attendance kept by teacher, c. 54, s. 5, p. 28. 



278 COMMON SCHOOL MANUAL. 

i 

Register of attendance to be deposited with committee, c. 53, 

s. 18, p. -27. j 
should be accurate, p. 198. 
Registry tax, how divided, c. 53, s. 14, p. 26. 

Reguhitions for schools, made by committee, c. 53, s. 9, p. 25. v 
for appeals, c. 55, s. 3, p. 29. 

forms for schools, p. 233-257. j 

violation by scholars, c. 53, s. 10, p. 25. | 
Religious meetings in schools-houses, p. 193. 

opinions of teacher, p. 169. 

Repairs made by tax, e. 48, s. 3, p. 13. j 

must be approved, c. 48, s. 3, p. 13. ' 

reasons for restricting, p. 168. 

Report of commissioner to board of education, c. 45, s. 4, p. 9. i 

of committee to commissioner, c. 53, s. 20, p. 27. I 

of trustees to committee, c. 52, s. 5, p. 21. ! 

importance of, p. 179-183. ' 

Rescinding vote, p. 190. j 

Returns of committee to commissioner, c. 53, s. 16, p. 26. ' 

of trustees to committee^ e. 52, s. 5, p. 21. 
Rules, see Begulations. 

- i 

Scholars may be suspended or expelled, c. 53, s. 10, p. 25. j 
teacher's power to punish, p. 199, 144. 

punished for disturbing school, p. 202. 1 

poor, cannot be excluded, c. 58, s. I, p. 35. | 

how supplied with books, c. 52, s. 3, p. 21. j 

over fifteen not to be excluded, c. 58, s. 1, p. 35. ' 

truant, c. 57, p. 33. ^ 

School books, see Books. ! 
districts, see Districts. 

committee, how chosen, c. 47, s. 4, p. 11. '. 

powers and duties of, c. 53, p. 23, 184. i 

may be appointed by town council, c. 47, s. 4, ' 

p. 11. I 

need not be electors, Constitution, Article i 

ix., s. 1, p. 3. 1 

cannot delegate general powers, p. 51. 1 

to be engaged, c. 58,. s 2, p. 35. j 
form of engagement, p. 207. 
hold office, how long, c. 47, s. 4, p. 11. 



INDEX. 



279 



School committee, quorum of, c. 53, s. 2, p. 23. 
meetings of, how called, p. 46. 

regular c. 53, s. 2, p. 'k.3. 
special, p. 46. 
vacancies, p. 164. 
certificate of election, p. 164, 181. 
form of such certificate, p. 207. 
to receive statement from town treasurer, 

c. 47, s. 7, p. 12. 
should send list of their number to commis- 
sioner, p. 165. 
to receive no compensation unless voted, 

c. 47, s. 4, p. 11- 
to examine teachers, c. 53, s. 7, p. 24. 
may employ person to examine, ibid. 
subjects of examination, p. 168-173. 
may limit certificates, p. 51. 
may dismiss teachers for cause, c. 54, s. 4, 

p 28 ; also p. 79. 
may annul certificates for cause, c. 53, s. 7, 

p. 24. 
may make rules and regulations, c 53, s 9, 

p. 25. 
form of rules and regulations, p. 233-257. 
may prescribe school books, c. 53, s. 9, p. 25. 
to lay ofi" districts, c. 53, s. 3, p. 23. 
to apportion district property when divided, 

c. 50, s. 14, p. 18. 
to authorize districts to unite, c. 50, s. 7, 8, 

p. 17. 
to locate school-houses, c. 53, s. 4, p. 24. 
to approve plans for school-houses, c. 48, s. 3, 

p. 13. 
to approve taxes, c. 48, s. 4, p. 13. 
to report to town meeting, c. 53, s. 20, p. 27. 
to print report, ibid. 
returns to commissioner, ibid. 
may suspend or expel scholars, c. 53, s. 10, 

p. 25. 
to visit each school twice, c. 53, s. 8, p. 25. 
may employ one of their number to visit. 

c. 47, s. 5, p. 11. 



280 COMMON SCHOOL MANUAL. 

School committee, duties when towns are not districted, c. 53, 
s. 11, p. 25. 
to apportion to districts money from general 

tx'easmy, c. 53. s. 12, 13, p. 25. 
to apportion money raised by towns, c. 53, 

s. 14, p. 26. 
to give notice to districts of apportionment, 

c. 53, s. 15, p. 26. 
may divide district's money Tinexpended, 

c. 53, s. 19, p. 27. 
to draw orders for teachei's' wages, c. 53, 

s. 16, 17, 1:5.26. 
may abate taxes in cases, c. 51, s. 6, p. 20. 
when may call district meetings, c. 49, s. 1, 3, 

p. 14, 15. 
when may fix place of district meeting, c. 49, 

s. 4 p. 15. 
when may appoint superintendent of schools, 

c. 47, s. 5, p. 11. 
chairman and cleili of, may sign papers, c. 53, 

s. 1, p. 23. 
chairman and clerk of, may be removed, 
ibid. 
Scliool fund, see Fund. 

house, plans of to be approved, c. 48, s. 3, p. 13. 
lot for, how taken, c. 53, s. 5, p. 24. 
located, by whom, c. 53, s. 4, p. 24. 
no nuisance to be kept near, c. 58, s. 8, p. 36. 
may be insured, c. 48, s. 3, p. 13. 
use of, for religious purposes, p. 67. 
use of, for dancing purposes connected with the 

schools, p. 147. 
use of, for singing school, p. 142. 
may be built by town tax, c. 47, s. 3, p. 11. 
may be built by district tax, c. 47, s. 3, p. 11. 
form of vote to build, p. 215. 
form of contract to build, p. 215. 
trustees to have care of, c. 52, s. 1, p. 21; also 
p. 187. 
Schools kept in house approved, c. 53, s. 16, p. 26. 

when set up by committee, c. 53, s. 11, p. 25; also c. 48 
S. 9, p. 14. 



INDEX. 



281 



School, penalty for disturbing, p. 202. 

suspension from, c. 53, s. 10, p. 25. 
regulations for, c. 53, s. 9, p. 25. 
attendance at, to be r gistered, c. 54, s 5, p. 18. 
visitation of, by committee, c. 53, s. 8, p. 25. 
by commissioner, c. 45, s. 2, p. 8. 
trustees, c. 52, s. 2, p. 21. 
superintendents of, employed by towns, c. 47, s. 5, p. 11, 
employed by committee, c. 47, s. 5. 
p. 11. 
superintendents, form of instructions for, p. 182. 
private, receiving aid from state may be visited, c. 58, 
s. 6, p. 36. 
Seal of district, p. 232. 
Secondary schools, p. 16. 
Studies, see Books. 

Sub-committee may examine teachers, c. 53, s. 7, p. 24. 
cannot annul certificates, p. 51. 
cannot perform ministerial duties, p. 108. 
Salts against a district, how answered, c. hb, s. 7, p. 30. 

against a district, when costs are not to be taxed, c. 55, 
s. 6, p. 30. 
Superintendent of schools, towns may appoint, c. 47, s. 5, p. 11. 
compensation of, ibid- 
regulations for, p. 182. 
Supreme court statement on appeal laid befoi'e a judge, c. 55, 

s. 2. p. 29. 
Supreme court, statement of, in case of No. 3, North Provi- 
dence, p. 52. 
Supreme court, statement of, in case of E. Smith, p. 86. 

Tax to be approved bycommittee, c. 48, s. 4, p. 13. 

for what purposes levied, c 48, s. 3, p. 13; also p. 190. 

to be levied according to the last town assessment, c. 51, 

s. 1, p. 18. 
by whom collected, c. 48, s. 7, p. 14. 
towns may levy, for school purposes, c. 47, s. 1-3, p. 10. 
who may vote on, e. 49, s. 6, p. 15. 
assessment of, made by trustees, c. 52, s. 4, p. 21. 
when assessed by town assessors, c. 51, s. 2, p. 19. 
trustees to issue warrant to collect, c. 52, s. 4, p. 21, 
13 



282 



COMMON SCHOOL MANUAL. 



Tax, form of tax bill, p. 219. 
form of warrant, p. 222. 
how collected, c. 51, s. 4, p. 19. 
in joint districts, how approved, c. 51, s. 7, p. 20. 
in two districts, p.- 12G. 

commissioner to order collection in cases, c. 51, s. 4, p. 19. 
how abated in cases, c. 51, s. 6, p. 20. 
summary of laws concerning, p. 190-194. 
in suit against district officer, c 55, s. 0, p. 30. 
Teacliers monej', what, and how to be applied, c. 46, s. 3, p. 9. 
must have certificate, c. 54, s. 1, p. 28. 
how long certificate valid, c. 54, s. 2, p. 28. 
qualifications of, c. 54, s. 3, p. 28. 
may be dismissed by committee, c. 54, s. 4, p. 28. 
certificate may be annulled for cause, c. 53, s. 7, 

p. 24. 
shall keep register, c. 54, s. 5, p. 28. 
to prepare district returns, ibid. 
to imi^lant principles of virtue, c. 54, s. 6. p. 2S. 
Teachers, poAver over scholars out of school, p. 199-202. 
Tenure of olfice, c. 58, s. 4, p. 35 ; also p. 124. 
Text-books, uniformity recommended, c. 45, s 3, p. 8. 

si^pplied to poor gratuitously, c. 52, s. 3, p. 21. 
(hange, how made, c. 53, s. 22, p. 27; see Books. 
Town clerk to record boundaries of districts, c. 47, s. 9, p. 12. 

treasurer, see Treasurer. 
Towns must raise an amount equal to that received from 

state, c. 46, s. 4, p. 9. 
Towns, at what time to vote this money, c. 46, s. 5, p. 10. 
how incur forfeiture of this, c. 46, s. 5, p. 10. 
may maintain schools without districts, c. 47, s. 1, p. 10. 
may provide school houses for districts, c. 47, s. 3, p. 11. 
to choose committee, c 47, s. 4, p. 11. 
may direct as to division of their own money, c. 53, 

s. 14, p. 26. 
may appoint superintendent of schools, c. 47, s. 5, p. II. 
Treasurer of district may receive orders from committee, c. 53, 

s. 17, p. 26. 
Treasurer elected at annual meeting, c. 48, s. 5, p. 13. 
must be an elector. Constitution, 
to be engaged, c. 58, s. 2, p. 35. 



INDEX. 283 

Treasurer, tenure of office, c. 58, s. 4, p. 35. 
form of bond, p. 220. 

to pay orders of trustees, c. 53, s. 17, p. 26. 
of state to pay orders of commissioner, c. 46, s. 6, 

p. 10. 
of state to invest money forfeited, c. 46, s. 5, p. 10. 
of town to receive money from state, and keep ac- 
count, c. 47, s. 6, p. 11. 
of town, form of certificate to olitain it, p. 161. 

to pay it only to committee's order, c. 47, 

s. 6, p. 11. 
to report to committee, c. 47, s. 7, p. 12. 
to report to commissionei", c. 47, s. 8, p. 12. 
penalty for misappropriating money, c. 58, 
s. 5, p. 35. 
Truant children, laws concerning, towns may adopt,' c. 57, 

s. 12, p. 33. 
Truant children, penalties for, c. 57, s. 2, p. 34. 

officers to mai'Ce complaint, c. 57, s. 4, p. 34. 
Trustees, one or three elected annually, c. 48, s. 5, p. 13. 
must be electors, Constitution, 
how long hold office, c. 58, s. 4, p. 35. 
powers and duties of, c. 52, p. 21. 
to be engaged, c. 58, s. 2, p. 35. 
to visit schools, c. 52, s. 2, p. 21. 
form of engagement, p. 207. 
when to receive pay for services, c. 52, s. 6, p. 22. 
of joint districts, how elected and duties of, c. 50, s. 2, 

p. 16. 
vacancies, c 48, s. 5, p. 13; also p. 110. 
if three, must act as a board, p. 106, 185. 
meetings of, how called, p. 185. 
to employ teachers only after examination, c. 52, s. 1, 

p. 21. 
form of contract with teacher, p. 209. 
neglecting to keep, school committee may, c. 48, s. 9, 

p. 14. 
to make returns to committee, c. 52, s. 5, p. 21. 
may require teacher to prepare return s, c. 54, s. 5, 

p. 28. 
to have care of district property, c. 52, s. 1, p. 21. 



284 COMMON SCHOOL MANUAL. 

Trustees to notifiy committee of beginning of school, c. 52, 
s. 2, p. 21. 
to visit school, ibid. 
may admit scholars from other districts, c. 52, s. 7, 

p. 22. 
to supply poor scholars with books, c. 52, s. 3, p. 21. 
to notify district meetings, c. 49, s. 1-5, p. 15. 
form of warrant, p. 222. 
when to call on town assessoi's to assess tax, c. 51, 

s. 2, p. 19. 
penally for neglect of duty, c. 58, s. 5, p. 35. 
Tuition determined by trustees, c. 52, s. 7, p. 22. 
disposed of, how, c. 52, s. 9, p. 22. 

Union of districts, when allowed, and how secui-ed, c. 50, 
p. 16; also p. 194. 

See Joint Districts. 
Uniformity of text-books, c. 45, s. 3, p. 8. 

change, how made, c. 53, s. 22, p. 27. 

Vacancies in committee, how filled, p. 164. 
Visits of school committee and trustees to be reported, p. 139. 
to schools, commissioner may make, c. 49, s. 2, p. 8. 
committee must make, c. 53, s. 8, p. 25. 
trustees must make, c. 52, s. 2, p. 21. 
objects of, p. 174. 
Vote of a school district, when may be rescinded, p. 57, 189. 

final, if not appealed from, c. 55, s. 5, 

p. 30. 
forms of, p. 213. 
Voters, qualifications of, in district meetings, c 49, s. 6, p. 15. 
decisions upon, p. 72-75. 

Warrant to collect tax, issued by trustees, c. 52, s. 4, p. 21. 

to enforce judgment issued by court, e. 55, s. 8, 9, 
p. 30. 
Writs against a district, how served, c. 55, s. 10, p. 31. 



t 



